ANSWERS: 2
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Not at all. The modern-day image of Thomas Jefferson as a social and political liberal would be shattered after a single reading of his Bill for Proportioning Crimes and Punishments. Capital punishment is maintained for murder and treason while rescinded for all other crimes. Even so, other crimes receive some rather harsh and politically incorrect penalties. Consider these examples: “If any person commit petty treason, or a husband murder his wife, a parent his child, or a child his parent, he shall suffer death, by hanging, and his body be delivered to Anatomists to be dissected” (Sec. IV). “Whosoever committith murder by poisoning, shall suffer death by poison” (Sec. V). “Whosoever shall be guilty of rape, polygamy, or sodomy with man or woman, shall be punished; if a man, by castration, a woman, by boring through the cartilage of her nose a hole of one half inch in diameter at the least” (Sec. XIV). “Whosoever committith a robbery, shall be condemned to hard labour four years in the public works, and shall make double reparation to the persons injured” (Sec. XX). “All attempts to delude the people, or to abuse their understanding by exercise of the pretended arts of witchcraft, conjuration, enchantment, or sorcery, or by pretended prophecies, shall be punished by ducking and whipping, at the discretion of a jury, not exceeding fifteen stripes” (Sec. XXIX). Excepts from http://press-pubs.uchicago.edu/founders/documents/amendVIIIs10.html
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1) "Under the Capital Laws of New-England that went into effect between 1636-1647 the death penalty was meted out for pre-meditated murder, sodomy, witchcraft, adultery, idolatry, blasphemy, assault in anger, rape, statutory rape, manstealing, perjury in a capital trial, rebellion, manslaughter, poisoning and bestiality. Early laws were accompanied by a scripture from the Old Testament." "The first reforms of the death penalty occurred between 1776-1800. Thomas Jefferson and four others, authorized to undertake a complete revision of Virginia's laws, proposed a law that recommended the death penalty for only treason and murder. After a stormy debate the legislature defeated the bill by one vote." Source: http://www.pbs.org/wgbh/pages/frontline/shows/execution/readings/history.html So it is certain that Jefferson supported a strongly reduced application of the death penalty, compared to what was the case in those days. 2) "he was not completely opposed to it in his life time, since he wrote: "Society [has] a right to erase from the roll of its members any one who rendered his own existence inconsistent with theirs; to withdraw from him the protection of their laws, and to remove him from among them by exile, or even by death if necessary."--Thomas Jefferson to L. H. Girardin, 1815. ME 14:277 "The fantastical idea of virtue and the public good being a sufficient security to the state against the commission of crimes,... was never mine. It is only the sanguinary hue of our penal laws which I meant to object to. Punishments I know are necessary, and I would provide them strict and inflexible, but proportioned to the crime. Death might be inflicted for murder and perhaps for treason, [but I] would take out of the description of treason all crimes which are not such in their nature. Rape, buggery, etc., punish by castration. All other crimes by working on high roads, rivers, gallies, etc., a certain time proportioned to the offence... Laws thus proportionate and mild should never be dispensed with. Let mercy be the character of the lawgiver, but let the judge be a mere machine. The mercies of the law will be dispensed equally and impartially to every description of men; those of the judge or of the executive power will be the eccentric impulses of whimsical, capricious designing man." --Thomas Jefferson to Edmund Pendleton, 1776. Papers 1:505" Source: http://www.geocities.com/Athens/7842/archives/deathpen.htm
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