“No man can be judged a criminal until he be found guilty; nor can society take from him the public protection, until it have been proved that he has violated the conditions on which it was granted. What right, then, but that of power, can authorise the punishment of a citizen, so long as there remains any doubt of his guilt? The dilemma is frequent. Either he is guilty, or not guilty. If guilty, he should only suffer the punishment ordained by the laws, and torture becomes useless, as his confession is unnecessary. If he be not guilty, you torture the innocent; for, in the eye of the law, every man is innocent, whose crime has not been proved.”
On Crimes and Punishments (1764)
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Cesare Beccaria 2
jurist, philosopher and politician from Italy 1738–1794Related quotes
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Context: I will be candid. I believe God is a just God, rewarding and punishing us exactly as we act well or ill. I believe that such reward and punishment follow necessarily from His will as revealed in natural law, as well as in the Bible. I believe that as the highest justice is the highest mercy, so He is a merciful God. That the guilty should suffer the measure of penalty which their guilt has incurred, is justice. What we call mercy is not the remission of this, but rather the remission of the extremity of the sentence attached to the act, when we find something in the nature of the causes which led to the act which lightens the moral guilt of the agent. That each should have his exact due is Just — is the best for himself. That the consequence of his guilt should he transferred from him to one who is innocent (although that innocent one he himself willing to accept it), whatever else it be, is not justice. We are mocking the word when we call it such. If I am to use the word justice in any sense at all which human feeling attaches to it, then to permit such transfer is but infinitely deepening the wrong, and seconding the first fault by greater injustice. I am speaking only of the doctrine of the atonement in its human aspect, and as we are to learn anything from it of the divine nature or of human duty.
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.
