“I hear much of people's calling out to punish the guilty, but very few are concerned to clear the innocent.”

—  Daniel Defoe

Last update June 3, 2021. History

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Daniel Defoe 43
English trader, writer and journalist 1660–1731

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Context: The world stretches out before me, the vast world of the big, the little, and the medium. Universe of kings and presidents and jailors, of mandarins and pariahs and liberators and liberated, of judges and witnesses and the condemned: stars of the first, second, third and nth magnitudes, planets, comets, bodies errant and eccentric or routine and domesticated by the laws of gravity, the subtle laws of falling, all keeping step, all turning slowly or rapidly around a void. Where they claim the central sun lies, the solar being, the hot beam made out of every human gaze, there is nothing but a hole and less than a hole: the eye of a dead fish, the giddy cavity of the eye that falls into itself and looks at itself without seeing. There is nothing with which to fill the hollow center of the whirlwind. The springs are smashed, the foundations collapsed, the visible or invisible bonds that joined one star to another, one body to another, one man to another, are nothing but a tangle of wires and thorns, a jungle of claws and teeth that twist us and chew us and spit us out and chew us again. No one hangs himself by the rope of a physical law. The equations fall tirelessly into themselves.
And in regard to the present matter, if the present matters: I do not belong to the masters. I don't wash my hands of it, but I am not a judge, nor a witness for the prosecution, nor an executioner. I do not torture, interrogate, or suffer interrogation. I do not loudly plead for leniency, nor wish to save myself or anyone else. And for all that I don't do and for all that they do to us, I neither ask forgiveness nor forgive. Their piety is as abject as their justice. Am I innocent? I'm guilty. Am I guilty? I'm innocent. (I'm innocent when I'm guilty, guilty when I'm innocent. I'm guilty when … but that is another song. Another song? It's all the same song.) Guilty innocent, innocent guilty, the fact is I quit.

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“The American people are sick and tired of seeing innocent people smeared and guilty people whitewashed.”

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“But the guilty person is only one of the targets of punishment. For punishment is directed above all at others, at all the potentially guilty.”

Source: Discipline and Punish (1977), Chapter Three, The Gentle Way in Punishment
Context: This, then, is how one must imagine the punitive city. At the crossroads, in the gardens, at the side of roads being repaired or bridges built, in workshops open to all, in the depths of mines that may be visited, will be hundreds of tiny theatres of punishment. Each crime will have its law; each criminal his punishment. It will be a visible punishment, a punishment that tells all, that explains, justifies itself, convicts: placards, different-coloured caps bearing inscriptions, posters, symbols, texts read or printed, tirelessly repeat the code. Scenery, perspectives, optical effects, trompe-l’œil sometimes magnify the scene, making it more fearful than it is, but also clearer. From where the public is sitting, it is possible to believe in the existence of certain cruelties which, in fact, do not take place. But the essential point, in all these real or magnified severities, is that they should all, according to a strict economy, teach a lesson: that each punishment should be a fable. And that, in counterpoint with all the direct examples of virtue, one may at each moment encounter, as a living spectacle, the misfortunes of vice. Around each of these moral ‘representations’, schoolchildren will gather with their masters and adults will learn what lessons to teach their offspring. The great terrifying ritual of the public execution gives way, day after day, street after street, to this serious theatre, with its multifarious and persuasive scenes. And popular memory will reproduce in rumour the austere discourse of the law. But perhaps it will be necessary, above these innumerable spectacles and narratives, to place the major sign of punishment for the most terrible of crimes: the keystone of the penal edifice.

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