SENTIMENT AND THE LAW.

Auckland Star, Volume XLII, Issue 152, 28 June 1911, Page 6

SENTIMENT AND THE LAW.

THE QUESTION OF CAPITAL PUNISHMENT.

(By RATIONAL.)

In \7iew pf. the interest, aroused by the recent execution of the Maori, Tahi 2v.aka, I and the conseqiient agitation for the ajjoliI tion of capital punishment in New Zealand, it will hot Ije out of place to attempt to argue the matter and weigh the pros aad eons,..without the interference of sentiment. It, is obvious that an admixture of weak law and strong sentiment eanaot. ei-ist tojssetsjer without chaos, for law-must he inexorably just and free from prejudice, whilit sentiment can only, be a matter-of personaj feeling. The latter, of course, is an admirable trait in human nature, but it dpes not tend to promote the best interests- of a, well-ordered oommunf*y"if- allowed i?my degree of donii-nfinc-c. To eliminate emotion entirely, howcvciv would bp impossible, because, in dealing with the crimmal one has to take circurnstgaee&jSO, much into consideration, and to mete- out punishment to all and sundry witnosit discrimination would be unjust. And- so with the matter of outlaw, which dßmauds "a life for a life," a penalty however, subservient to special circumstances. This elasticity allows a safe and wise discretionary, power on the. part of those whose duty it is to administer the law, whilst at the same time it acts as a deterrent to those who commit the crime purely from mercenary motives, and whose qnly fear is the ultimate degree of punishment.

Now, in advocating the total abolition :of the death sentence, many important points should be carefully and coolly weighed. The first noint to be considered is this: Dries- capital punishment act as a greater deterrent than the life sentence ? First of ail, it will be admitted that neither senttmce can have much, effect in the matter of murder committed under the stress of (-'.motion, such as jealousy, intoxication;, efce. Under conditions of this sort no-penalty on earth will prevent the crime •, but. when we come to the fcak'ing of life- for gain- from essentially unemotional motives, then the position is altered. In these caFts the wouJd-be murderer's brain gets to work: he thinks, weighs, and reasons. There is a chance of evading detection, lie knows, but there is another possibility—his own death in payment for the, deed. And the thought of death to most rum and women is quite sufficient to deter; though in a. few cases the chance is. taken by those sirffioiently callous to face the "sporting" risk. Again, why is it that the condemned man almost invariably looks forward to a reprieve T Does not this initself showthe life sentence to be. infinitely preferable to him asrainat the alternative of meeting nr? untimely, doom ? What was the result of the lapsing of capital punishment in France? Did crime remain normal ?■■ No! the recent public executions in the-streets of Paris are in themselves: sufficient to show the necessity of the capital penalty there. The Apaches in Paris created a veritable reign of terror when the law of "a life for a life" was held-in abeyance; to-day they are but a shadow of their former selves.

' -.Another.fact.'to-be. to k.enlnto consideration is that in the event of the law's most severe- sentence being done away -with, there is a great clanger in the varying of sentences. In the case, of a man committing the crime in the heat of passion, it cannot but be agreed that although he can hardly be held as responsible as the-per-son who deliberately plans, a murder, yet it is necessary in, the. interests of the community to give; him a life sentence, in order to show that passion or other abnormal conditions is little or no.excuse for his action. In the case of a coldblooded crime. It. is difficult to. see how any adequate variation can be made in the sentence of imprisonment sufficient to differentiate between the two classes of misdeed. Allow your callous murderer his freedom after he has served his space of years in gaol. He may, or may not, commit another crime, but lie is. nevertheless, a, possible danger to his fellcnv men. Keep him in ; prison until the end- of his days, and he becomes a mechanical wreck ahd a burden to the State, with small hopeof attaining freedom. While still able to make his way, he will seldom put;forward sufficient effort to improve himself mentall v or physically:

Finally there is an argument which the majority of-us will find-difficult to answer. "When some;" grave rupture occurs in connection.with our diplomatic relations with another power, or when-we-hearof a slight being offered- to- our countrymen abroad, how long do we-hesitate, beforewarring with them. Although the. slight or rupture isbut-the-work-of a-Jew- indisr creel? people.yetV with "tbe" knowledge thathundrcds- or even thousands will suffer, death as theresult. few of us raise a .voice against, it. Our national-honour must'be-vindS-'ted.we-say unctuously, and in the '-ssitb cry "Capital..punisbmeukis.