Page:Essay on Crimes and Punishments (1775).djvu/134

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122
AN ESSAY ON

General principles will here be sufficient, it being impossible to fix precisely the limits of time for any given legislation, or for any society in any particular circumstance. I shall only add, that in a nation willing to prove the utility of moderate punishment, laws, which, according to the nature of the crime, increase or diminish the time of inquiry and justification, considering the imprisonment or the voluntary exile of the criminal as a part of the punishment, will form an easy division of a small number of mild punishments for a great number of crimes.


But, it must be observed, the time for inquiry and justification should not increase in direct proportion to the atrociousness of crimes; for the probability of such crimes having been committed, is inversely as their atrociousness. Therefore the time for inquiry, ought in some cases to be diminished, and that for justification increased, & vice versa. This may appearto