CHAPTER XIII. PROSECUTIONS AND PRESCRIPTIONS.

 As soon as the proofs of a crime and its reality are fully¹ certified², the criminal must be allowed time and opportunity for his defence; but the time allowed must be so short as not to interfere³ with the speediness of his punishment, which, as we have seen, is one of the principal restraints from crime. A false philanthropy seems opposed to this shortness of time; but all doubt will vanish, on reflection that the more defective⁴ any system of law is, the greater are the dangers to which innocence⁵ is exposed.

 

But the laws should fix a certain space of time both for the defence of the accused and for the discovery[158] of proofs against him. It would place the judge in the position of a legislator were it his duty to fix the time necessary for the latter. In the same way those atrocious crimes, whose memory tarries long in men’s minds, deserve, when once proved, no prescription⁶ in favour of a criminal who has fled from his country; but lesser⁷ and obscure crimes should be allowed a certain prescription, which may remove a man’s uncertainty⁸ concerning his fate, because the obscurity in which for a long time his crimes have been involved deducts⁹ from the bad example of his impunity¹⁰, and the possibility of reform meantime remains¹¹ to him. It is enough to indicate these principles, because I cannot fix a precise limit of time, except for a given system of laws and in given social circumstances. I will only add that, the advantage of moderate penalties in a nation being proved, the laws which shorten or lengthen¹², according to the gravity of crimes, the term of prescription or of proofs, thus making of prison itself or of voluntary exile a part of the punishment, will supply an easy classification of a few mild punishments for a very large number of crimes.

 

But these periods of time will not be lengthened¹³ in exact proportion to the atrocity¹⁴ of crimes, since the probability of a crime is in inverse¹⁵ ratio to its atrocity. It will, then, be necessary to shorten the period for inquiry¹⁶ and to increase that of prescription; which[159] may appear to contradict what I said before, namely, that it is possible to inflict¹⁷ equal penalties on unequal crimes, by counting as a penalty that period of imprisonment¹⁸ or of prescription which precedes the verdict. To explain to the reader my idea: I distinguish two kinds of crimes—the first, atrocious crimes, beginning with homicide and including all the excessive forms of wickedness; the second comprising less considerable crimes. This distinction is founded in human nature. Personal security is a natural right, the security of property a social one. The number of motives¹⁹ which impel²⁰ men to violate their natural affections is far smaller than those which impel them, by their natural longing²¹ for happiness, to violate a right which they do not find written in their hearts but only in the conventions of society. The very great difference between the probability of these two kinds of crime respectively makes it necessary that they should be ruled by different principles. In cases of the more atrocious crimes, because they are more uncommon²², the time for inquiry ought to be so much the less as the probability of the innocence of the accused is greater; and the time of prescription ought to be longer, as on an ultimate definite sentence of guilt²³ or innocence depends the destruction of the hope of impunity, the harm of which is proportioned to the atrocity of the crime. But in cases of lesser criminality, where the presumption²⁴ in favour of a man’s[160] innocence is less, the time for inquiry should be longer; and as the harm of impunity is less, the time of prescription should be shorter. But such a division of crimes ought, indeed, not to be admitted, if the danger of impunity decreased exactly in proportion to the greater probability of the crime. One should remember that an accused man, whose guilt or innocence is uncertain, may, though acquitted²⁵ for lack of proofs, be subjected for the same crime to a fresh imprisonment and inquiry, in the event of fresh legal proofs rising up against him, so long as the time of prescription accorded by the laws has not been past. Such at least is the compromise that I think best fitted to preserve both the liberty and the security of the subject, it being only too easy so to favour the one at the expense of the other, that these two blessings²⁶, the inalienable and equal patrimony²⁷ of every citizen, are left unprotected and undefended, the one from declared or veiled despotism, the other from the turbulence²⁸ of civil anarchy²⁹.

 

There are some crimes which are at the same time of common occurrence and of difficult proof. In them the difficulty of proof is equivalent to a probability of innocence; and the harm of their impunity being so much the less to be considered as their frequency depends on principles other than the risk of punishment, the time for inquiry and the period of prescription ought both to be proportionately less. Yet[161] cases of adultery and pederasty, both of difficult proof, are precisely³⁰ those in which, according to received principles, tyrannical presumptions³¹ of quasi-proofs and half-proofs are allowed to prevail (as if a man could be half-innocent or half-guilty, in other words, half-punishable or half-acquittable); in which torture exercises its cruel sway over the person of the accused, over the witnesses, and even over the whole family of an unfortunate wretch³², according to the coldly wicked teaching of some doctors of law, who set themselves up as the rule and standard for judges to follow.

 

In view of these principles it will appear strange (to anyone who does not reflect, that reason has, so to speak, never yet legislated³³ for a nation), that it is just the most atrocious crimes or the most secret and chimerical³⁴ ones—that is, those of the least probability—which are proved by conjectures³⁵ or by the weakest and most equivocal proofs: as if it were the interest of the laws and of the judge, not to search for the truth, but to find out the crime; as if the danger of condemning³⁶ an innocent man were not so much the greater, the greater the probability of his innocence over that of his guilt.

 

The majority of mankind lack that vigour³⁷ which is equally necessary for the greatest crimes as for the greatest virtues³⁸; whence it would appear, that both extremes are contemporaneous phenomena³⁹ in nations[162] which depend rather on the energy of their government and of the passions that tend to the public good, than on their size and the constant goodness of their laws. In the latter the weakened passions seem more adapted to maintain than to improve the form of government. From which flows an important consequence, namely, that great crimes in a nation do not always prove its decline.

1 fully   

adv.完全地，全部地，彻底地；充分地

参考例句：

• The doctor asked me to breathe in,then to breathe out fully.医生让我先吸气，然后全部呼出。
• They soon became fully integrated into the local community.他们很快就完全融入了当地人的圈子。

2 certified   

a.经证明合格的；具有证明文件的

参考例句：

• Doctors certified him as insane. 医生证明他精神失常。
• The planes were certified airworthy. 飞机被证明适于航行。

3 interfere   

v.(in)干涉，干预；(with)妨碍，打扰

参考例句：

• If we interfere, it may do more harm than good.如果我们干预的话，可能弊多利少。
• When others interfere in the affair,it always makes troubles. 别人一卷入这一事件，棘手的事情就来了。

4 defective   

adj.有毛病的，有问题的，有瑕疵的

参考例句：

• The firm had received bad publicity over a defective product. 该公司因为一件次品而受到媒体攻击。
• If the goods prove defective, the customer has the right to compensation. 如果货品证明有缺陷， 顾客有权索赔。

5 innocence   

n.无罪；天真；无害

参考例句：

• There was a touching air of innocence about the boy.这个男孩有一种令人感动的天真神情。
• The accused man proved his innocence of the crime.被告人经证实无罪。

6 prescription   

n.处方，开药；指示，规定

参考例句：

• The physician made a prescription against sea- sickness for him.医生给他开了个治晕船的药方。
• The drug is available on prescription only.这种药只能凭处方购买。

7 lesser   

adj.次要的，较小的；adv.较小地，较少地

参考例句：

• Kept some of the lesser players out.不让那些次要的球员参加联赛。
• She has also been affected,but to a lesser degree.她也受到波及，但程度较轻。

8 uncertainty   

n.易变，靠不住，不确知，不确定的事物

参考例句：

• Her comments will add to the uncertainty of the situation.她的批评将会使局势更加不稳定。
• After six weeks of uncertainty,the strain was beginning to take its toll.6个星期的忐忑不安后，压力开始产生影响了。

9 deducts   

v.扣除，减去( deduct的第三人称单数 )

参考例句：

• At the time negotiation, the local bank deducts the loan and the interest. 议付时，当地银行扣除先前的贷款和利息。 来自辞典例句
• After commissariat is sold, cooperation deducts cost, return money to every farmer. 在粮食销售之后，合作社扣除成本，把钱退还给每个农户。 来自互联网

10 impunity   

n.(惩罚、损失、伤害等的)免除

参考例句：

• You will not escape with impunity.你不可能逃脱惩罚。
• The impunity what compulsory insurance sets does not include escapement.交强险规定的免责范围不包括逃逸。

11 remains   

n.剩余物，残留物；遗体，遗迹

参考例句：

• He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
• The remains of the meal were fed to the dog.残羹剩饭喂狗了。

12 lengthen   

vt.使伸长，延长

参考例句：

• He asked the tailor to lengthen his coat.他请裁缝把他的外衣放长些。
• The teacher told her to lengthen her paper out.老师让她把论文加长。

13 lengthened   

（时间或空间）延长，伸长( lengthen的过去式和过去分词 )

参考例句：

• The afternoon shadows lengthened. 下午影子渐渐变长了。
• He wanted to have his coat lengthened a bit. 他要把上衣放长一些。

14 atrocity   

n.残暴，暴行

参考例句：

• These people are guilty of acts of great atrocity.这些人犯有令人发指的暴行。
• I am shocked by the atrocity of this man's crimes.这个人行凶手段残忍狠毒使我震惊。

15 inverse   

adj.相反的，倒转的，反转的；n.相反之物；v.倒转

参考例句：

• Evil is the inverse of good.恶是善的反面。
• When the direct approach failed he tried the inverse.当直接方法失败时，他尝试相反的做法。

16 inquiry   

n.打听，询问，调查，查问

参考例句：

• Many parents have been pressing for an inquiry into the problem.许多家长迫切要求调查这个问题。
• The field of inquiry has narrowed down to five persons.调查的范围已经缩小到只剩5个人了。

17 inflict   

vt.(on)把…强加给，使遭受，使承担

参考例句：

• Don't inflict your ideas on me.不要把你的想法强加于我。
• Don't inflict damage on any person.不要伤害任何人。

18 imprisonment   

n.关押，监禁，坐牢

参考例句：

• His sentence was commuted from death to life imprisonment.他的判决由死刑减为无期徒刑。
• He was sentenced to one year's imprisonment for committing bigamy.他因为犯重婚罪被判入狱一年。

19 motives   

n.动机，目的( motive的名词复数 )

参考例句：

• to impeach sb's motives 怀疑某人的动机
• His motives are unclear. 他的用意不明。

20 impel   

v.推动；激励，迫使

参考例句：

• Financial pressures impel the firm to cut back on spending.财政压力迫使公司减少开支。
• The progress in science and technical will powerfully impel the education's development.科学和技术的进步将有力地推动教育的发展。

21 longing   

n.（for）渴望

参考例句：

• Hearing the tune again sent waves of longing through her.再次听到那首曲子使她胸中充满了渴望。
• His heart burned with longing for revenge.他心中燃烧着急欲复仇的怒火。

22 uncommon   

adj.罕见的，非凡的，不平常的

参考例句：

• Such attitudes were not at all uncommon thirty years ago.这些看法在30年前很常见。
• Phil has uncommon intelligence.菲尔智力超群。

23 guilt   

n.犯罪；内疚；过失，罪责

参考例句：

• She tried to cover up her guilt by lying.她企图用谎言掩饰自己的罪行。
• Don't lay a guilt trip on your child about schoolwork.别因为功课责备孩子而使他觉得很内疚。

24 presumption   

n.推测，可能性，冒昧，放肆，[法律]推定

参考例句：

• Please pardon my presumption in writing to you.请原谅我很冒昧地写信给你。
• I don't think that's a false presumption.我认为那并不是错误的推测。

25 acquitted   

宣判…无罪( acquit的过去式和过去分词 )； 使（自己）作出某种表现

参考例句：

• The jury acquitted him of murder. 陪审团裁决他谋杀罪不成立。
• Five months ago she was acquitted on a shoplifting charge. 五个月前她被宣判未犯入店行窃罪。

26 blessings   

n.（上帝的）祝福( blessing的名词复数 )；好事；福分；因祸得福

参考例句：

• Afflictions are sometimes blessings in disguise. 塞翁失马，焉知非福。 来自《简明英汉词典》
• We don't rely on blessings from Heaven. 我们不靠老天保佑。 来自《现代汉英综合大词典》

27 patrimony   

n.世袭财产，继承物

参考例句：

• I left my parents' house,relinquished my estate and my patrimony.我离开了父母的家，放弃了我的房产和祖传财产。
• His grandfather left the patrimony to him.他的祖父把祖传的财物留给了他。

28 turbulence   

n.喧嚣，狂暴，骚乱，湍流

参考例句：

• The turbulence caused the plane to turn over.空气的激流导致飞机翻转。
• The world advances amidst turbulence.世界在动荡中前进。

29 anarchy   

n.无政府状态；社会秩序混乱，无秩序

参考例句：

• There would be anarchy if we had no police.要是没有警察，社会就会无法无天。
• The country was thrown into a state of anarchy.这国家那时一下子陷入无政府状态。

30 precisely   

adv.恰好，正好，精确地，细致地

参考例句：

• It's precisely that sort of slick sales-talk that I mistrust.我不相信的正是那种油腔滑调的推销宣传。
• The man adjusted very precisely.那个人调得很准。

31 presumptions   

n.假定( presumption的名词复数 )；认定；推定；放肆

参考例句：

• Much modern technological advance is based on these presumptions of legal security. 许多现代技术的发展都是基于这些法律安全设想的考虑。 来自互联网
• What visions, what expectations and what presumptions can outsoar that flight? 那一种想象，那一种期望和推测能超越他之上呢？ 来自互联网

32 wretch   

n.可怜的人，不幸的人；卑鄙的人

参考例句：

• You are really an ungrateful wretch to complain instead of thanking him.你不但不谢他，还埋怨他，真不知好歹。
• The dead husband is not the dishonoured wretch they fancied him.死去的丈夫不是他们所想象的不光彩的坏蛋。

33 legislated   

v.立法，制定法律( legislate的过去式和过去分词 )

参考例句：

• Congress has legislated a new minimum wage for workers. 国会制定了一项新的关于工人最低工资的法律。 来自《简明英汉词典》
• Most member countries have already legislated against excessive overtime. 大多数成员国均已立法禁止超时加班。 来自辞典例句

34 chimerical   

adj.荒诞不经的，梦幻的

参考例句：

• His Utopia is not a chimerical commonwealth but a practical improvement on what already exists.他的乌托邦不是空想的联邦，而是对那些已经存在的联邦事实上的改进。
• Most interpret the information from the victims as chimerical thinking.大多数来自于受害者的解释是被当作空想。

35 conjectures   

推测，猜想( conjecture的名词复数 )

参考例句：

• That's weighing remote military conjectures against the certain deaths of innocent people. 那不过是牵强附会的军事假设，而现在的事实却是无辜者正在惨遭杀害，这怎能同日而语！
• I was right in my conjectures. 我所猜测的都应验了。

36 condemning   

v.（通常因道义上的原因而）谴责( condemn的现在分词 )；宣判；宣布…不能使用；迫使…陷于不幸的境地

参考例句：

• The government issued a statement condemning the killings. 政府发表声明谴责这些凶杀事件。
• I concur with the speaker in condemning what has been done. 我同意发言者对所做的事加以谴责。 来自《现代英汉综合大词典》

37 vigour   

（=vigor）n.智力，体力，精力

参考例句：

• She is full of vigour and enthusiasm.她有热情，有朝气。
• At 40,he was in his prime and full of vigour.他40岁时正年富力强。

38 virtues   

美德( virtue的名词复数 )； 德行； 优点； 长处

参考例句：

• Doctors often extol the virtues of eating less fat. 医生常常宣扬少吃脂肪的好处。
• She delivered a homily on the virtues of family life. 她进行了一场家庭生活美德方面的说教。

39 phenomena   

n.现象

参考例句：

• Ade couldn't relate the phenomena with any theory he knew.艾德无法用他所知道的任何理论来解释这种现象。
• The object of these experiments was to find the connection,if any,between the two phenomena.这些实验的目的就是探索这两种现象之间的联系，如果存在着任何联系的话。