Part 1
Shortly before the war of 1914, an assassin whose crime was particularly repulsive (he had slaughtered a family of farmers, including the children) was condemned to death in Algiers. He was a farm worker who had killed in a sort of bloodthirsty frenzy but had aggravated his case by robbing his victims. The affair created a great stir. It was generally thought that decapitation was too mild a punishment for such a monster. This was the opinion, I have been told, of my father, who was especially aroused by the murder of the children. One of the few things I know about him, in any case, is that he wanted to witness the execution, for the first time in his life. He got up in the dark to go to the place of execution at the other end of town amid a great crowd of people. What he saw that morning he never told anyone. My mother relates merely that he came rushing home, his face distorted, refused to talk, lay down for a moment on the bed, and suddenly began to vomit. He had just discovered the reality hidden under the noble phrases with which it was masked. Instead of thinking of the slaughtered children, he could think of nothing but that quivering body that had just been dropped onto a board to have its head cut off.
Presumably that ritual act is horrible indeed if it manages to overcome the indignation of a simple, straightforward man and if a punishment he considered richly deserved had no other effect in the end than to nauseate him. When the extreme penalty Simply causes vomiting on the part of the respectable citizen it is supposed to protect, how can anyone maintain that it is likely, as it ought to be, to bring more peace and order into the community? Rather, it is obviously no less repulsive than the crime, and this new murder, far from making amends for the harm done to the social body, adds a new blot to the first one. Indeed, no one dares speak directly of the ceremony. Officials and journalists who have to talk about it, as if they were aware of both its provocative and its shameful aspects, have made up a sort of ritual language, reduced to stereotyped phrases. Hence we read at breakfast time in a corner of the newspaper that the condemned "has paid his debt to society" or that he has "atoned" or that "at five a.m. justice was done." The officials call the condemned man "the interested party" or "the patient" or refer to him by a number. People write of capital punishment as if they were whispering. In our well-policed society we recognize that an illness is serious from the fact that we don't dare speak of it directly. For a long time, in middle-class families people said no more than that the elder daughter had a "suspicious cough" or that the father had a "growth" because tuberculosis and cancer were looked upon as somewhat shameful maladies. This is probably even truer of capital punishment since everyone strives to refer to it only through euphemisms. It is to the body politic what cancer is to the individual body, with this difference: no one has ever spoken of the necessity of cancer. There is no hesitation, on the other hand, about presenting capital punishment as a regrettable necessity, a necessity that justifies killing because it is necessary, and let's not talk about it because it is "regrettable.
But it is my intention to talk about it crudely. Not because I like scandal, nor, I believe, because of an unhealthy streak in my nature. As a writer, I have always loathed avoiding the issue; as a man, I believe that the repulsive aspects of our condition, if they are inevitable, must merely be faced in silence. But when silence or tricks of language contribute to maintaining an abuse that must be reformed or a suffering that can be relieved, then there is no other solution but to speak out and show the obscenity hidden under the verbal cloak. France shares with England and Spain the honor of being one of the last countries this side of the iron curtain to keep capital punishment in its arsenal of repression. The survival of such a primitive rite has been made possible among us only by the thoughtlessness or ignorance of the public, which reacts only with the ceremonial phrases that have been drilled into it. When the imagination sleeps, words are emptied of their meaning: a deaf population absent-mindedly registers the condemnation of a man. But if people are shown the machine, made to touch the wood and steel and to hear the sound of a head falling, then public imagination, suddenly awakened, will repudiate both the vocabulary and the penalty.
When the Nazis in Poland indulged in public executions of hostages, to keep those hostages from shouting words of revolt and liberty they muzzled them with a plaster-coated gag. It would be shocking to compare the fate of those innocent victims with that of condemned criminals. But, aside from the fact that criminals are not the only ones to be guillotined in our country, the method is the same. We smother under padded words a penalty whose legitimacy we could assert only after we had examined the penalty in reality. Instead of saying that the death penalty is first of all necessary and then adding that it is better not to talk about it, it is essential to say what it really is and then say whether, being what it is, it is to be considered as necessary.
So far as I am concerned, I consider it not only useless but definitely harmful, and I must record my opinion here before getting to the subject itself. It would not be fair to imply that I reached this conclusion as a result of the weeks of investigation and research I have just devoted to this question. But it would be just as unfair to attribute my conviction to mere mawkishness. I am far from indulging in the flabby pity characteristic of humanitarians, in which values and responsibilities fuse, crimes are balanced against one another, and innocence finally loses its rights. Unlike many of my well known contemporaries, I do not think that man is by nature a social animal. To tell the truth, I think just the reverse. But I believe, and this is quite different, that he cannot live henceforth outside of society, whose laws are necessary to his physical survival. Hence the responsibilities must be established by society itself according to a reasonable and workable scale. But the law's final justification is in the good it does or fails to do to the society of a given place and time. For years I have been unable to see anything in capital punishment but a penalty the imagination could not endure and a lazy disorder that my reason condemned. Yet I was ready to think that my imagination was influencing my judgment. But, to tell the truth, I found during my recent research nothing that did not strengthen my conviction, nothing that modified my arguments. On the contrary, to the arguments I already had others we're added. Today I share absolutely Koestler's conviction; the death penalty besmirches our society, and its upholders cannot reasonably defend it. Without repeating his decisive defense, without piling up facts and figures that would only duplicate others (and Jean Bloch-Michel's make them useless), I shall merely state reasons to be added to Koestler's; like his, they argue for an immediate abolition of the death penalty.
We all know that the great argument of those who defend capital punishment is the exemplary value of the punishment. Heads are cut off not only to punish but to intimidate, by a frightening example, any who might be tempted to imitate the guilty. Society is not taking revenge; it merely wants to forestall. It waves the head in the air so that potential murderers will see their fate and recoil from it.
This argument would be impressive if we were not obliged to note:
1) that society itself does not believe in the exemplary value it talks about;
2) that there is no proof that the death penalty ever made a single murderer recoil when he had made up his mind, whereas clearly it had no effect but one of fascination on thousands of criminals;
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