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murder. The punishment that aims to intimidate an unknown murderer certainly confers a vocation of killer on many another monster about whom there is no doubt. And since we are busy justifying our crudest laws with probable considerations, let there be no doubt that out of those hundreds of men whose services were declined, one at least must have satisfied otherwise the bloodthirsty instincts the guillotine excited in him.
If, therefore, there is a desire to maintain the death penalty, let us at least be spared the hypocrisy of a justification by example. Let us be frank about that penalty which can have no publicity, that intimidation which works only on respectable people, so long as they are respectable, which fascinates those who have ceased to be respectable and debases or deranges those who take part in it. It is a penalty, to be sure, a frightful torture, both physical and moral, but it provides no sure example except a demoralizing one. It punishes, but it forestalls nothing; indeed, it may even arouse the impulse to murder. It hardly seems to exist, except for the man who suffers it—in his soul for months and years, in his body during the desperate and violent hour when he is cut in two without suppressing his life. Let us call it by the name which, for lack of any other nobility, will at least give the nobility of truth, and let us recognize it for what it is essentially: a revenge.
A punishment that penalizes without forestalling is indeed called revenge. It is a quasi-arithmetical reply made by society to whoever breaks its primordial law. That reply is as old as man; it is called the law of retalia-
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tion. Whoever has done me harm must suffer harm; whoever has put out my eye must lose an eye; and whoever has killed must die. This is an emotion, and a particularly violent one, not a principle. Retaliation is related to nature and instinct, not to law. Law, by definition, cannot obey the same rules as nature. If murder is in the nature of man, the law is not intended to imitate or reproduce that nature. It is intended to correct it. Now, retaliation does no more than ratify and confer the status of a law on a pure impulse of nature. We have all known that impulse, often to our shame, and we know its power, for it comes down to us from the primitive forests. In this regard, we French, who are properly indignant upon seeing the oil king in Saudi Arabia preach international democracy and call in a butcher to cut off a thief's hand with a cleaver, live also in a sort of Middle Ages without even the consolations of faith. We still define justice according to the rules of a crude arithmetic.4 Can it be said at least that that arithmetic is exact
4 A few years ago I asked for the reprieve of six Tunisians who had been condemned to death for the murder, in a riot, of three French policemen. The circumstances in which the murder had taken place made difficult any division of responsibilities. A note from the executive office of the President of the Republic informed me that my appeal was being considered by the appropriate organization. Unfortunately, when that note was addressed to me I had already read two weeks earlier that the sentence had been carried out. Three of the condemned men had been put to death and the three others reprieved. The reasons for reprieving some rather than the others were not convincing. But probably it was essential to carry out three executions where there had been three victims.
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and that jusitce, even when elementary, even when limited to legal revenge, is safeguarded by the death penalty? The answer must be no.
Let us leave aside the fact that the law of retaliation is inapplicable and that it would seem just as excessive to punish the incendiary by setting fire to his house as it would be insufficient to punish the thief by deducting from his bank account a sum equal to his theft. Let us admit that it is just and necessary to compensate for the murder of the victim by the death of the murderer. But beheading is not simply death. It is just as different, in essence, from the privation of life as a concentration camp is from prison. It is a murder, to be sure, and one that arithmetically pays for the murder committed. But it adds to death a rule, a public premeditation known to the future victim, an organization, in short, which is in itself a source of moral sufferings more terrible than death. Hence there is no equivalence. Many laws consider a premeditated crime more serious than a crime of pure violence. But what then is capital punishment but the most premeditated of murders, to which no criminal's deed, however calculated it may be, can be compared? For there to be equivalence, the death penalty would have to punish a criminal who had warned his victim of the date at which he would inflict a horrible death on him and who, from that moment onward, had confined him at his mercy for months. Such a monster is not encountered in private life.
There, too, when our official jurists talk of putting to death without causing suffering, they don't know what they are talking about and, above all, they lack imagina-
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tion. The devastating, degrading fear that is imposed on the condemned for months or years5 is a punishment more terrible than death, and one that was not imposed on the victim. Even in the fright caused by the mortal violence being done to him, most of the time the victim is hastened to his death without knowing what is happening to him. The period of horror is counted out with his life, and hope of escaping the madness that has swept down upon that life probably never leaves him. On the other hand, the horror is parceled out to the man who is condemned to death. Torture through hope alternates with the pangs of animal despair. The lawyer and chaplain, out of mere humanity, and the jailers, so that the condemned man will keep quiet, are unanimous in assuring him that he will be reprieved. He believes this with all his being and then he ceases to believe it. He hopes by day and despairs of it by night.6 As the weeks pass, hope and despair increase and become equally unbearable. According to all accounts, the color of the skin
5 Roemen, condemned to death at the Liberation of France, remained seven hundred days in chains before being executed, and this is scandalous. Those condemned under common law, as a general rule, wait from three to six months for the morning of their death. And it is difficult, if one wants to maintain their chances of survival, to shorten that period. I can bear witness, moreover, to the fact that the examination of appeals for mercy is conducted in France with a seriousness that does not exclude the visible inclination to pardon, insofar as the law and customs permit.
6 Sunday not being a day of execution, Saturday night is always better in the cell blocks reserved for those condemned to death.
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changes, fear acting like an acid. "Knowing that you are going to die is nothing," said a condemned man in Fresnes. "But not knowing whether or not you are going to live, that's terror and anguish." Cartouche said of the supreme punishment: "Why, it's just a few minutes that have to be lived through." But it is a matter of months, not of minutes. Long in advance the condemned man knows that he is going to be killed and that the only thing that can save him is a reprieve, rather similar, for him, to the decrees of heaven. In any case, he cannot intervene, make a plea himself, or convince. Everything goes on outside of him. He is no longer a man but a thing waiting to be handled by the executioners. He is kept as if he were inert matter, but he still has a consciousness which is his chief enemy.
When the officials whose job it is to kill that man call him a parcel, they know what they are saying. To be unable to do anything against the hand that moves you from one place to another, holds you or rejects you, is this not indeed being a parcel, or a thing, or, better, a hobbled animal? Even then an animal can refuse to eat. The condemned man cannot. He is given the benefit of a special diet (at Fresnes, Diet No. 4 with extra milk, wine, sugar, jam, butter); they see to it that he nourishes himself. If need be, he is forced to do so. The animal that is going to be killed must be in the best condition. The thing or the animal has a right only to those debased freedoms that are called whims. "They are very touchy," a top-sergeant at Fresnes says without the least irony of those condemned to death. Of course, but how else can they have contact with freedom and the dignity of the
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p; will that man cannot do without? Touchy or not, the moment the sentence has been pronounced the condemned man enters an imperturbable machine. For a certain number of weeks he travels along in the intricate machinery that determines his every gesture and eventually hands him over to those who will lay him down on the killing machine. The parcel is no longer subject to the laws of chance that hang over the living creature but to mechanical laws that allow him to foresee accurately the day of his beheading.
That day his being an object comes to an end. During the three quarters of an hour separating him from the end, the certainty of a powerless death stifles everything else; the animal, tied down and amenable, knows a hell that makes the hell he is threatened with seem ridiculous. The Greeks, after all, were more humane with their hemlock. They left their condemned a relative freedom, the possibility of putting off or hastening the hour of his death. They gave him a choice between suicide and execution. On the other hand, in order to be doubly sure, we deal with the culprit ourselves. But there could not really be any justice unless the condemned, after making known his decision months in advance, had approached his victim, bound him firmly, informed him that he would be put to death in an hour, and had finally used that hour to set up the apparatus of death. What criminal ever reduced his victim to such a desperate and powerless condition?
This doubtless explains the odd submissiveness that is customary in the condemned at the moment of their execution. These men who have nothing more to lose
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could play their last card, choose to die of a chance bullet or be guillotined in the kind of frantic struggle that dulls all the faculties. In a way, this would amount to dying freely. And yet, with but few exceptions, the rule is for the condemned to walk toward death passively in a sort of dreary despondency. That is probably what our journalists mean when they say that the condemned died courageously. We must read between the lines that the condemned made no noise, accepted his status as a parcel, and that everyone is grateful to him for this. In such a degrading business, the interested party shows a praiseworthy sense of propriety by keeping the degradation from lasting too long. But the compliments and the certificates of courage belong to the general mystification surrounding the death penalty. For the condemned will often be seemly in proportion to the fear he feels. He will deserve the praise of the press only if his fear or his feeling of isolation is great enough to sterilize him completely. Let there be no misunderstanding. Some among the condemned, whether political or not, die heroically, and they must be granted the proper admiration and respect. But the majority of them know only the silence of fear, only the impassivity of fright, and it seems to me that such terrified silence deserves even greater respect. When the priest Bela Just offers to write to the family of a young condemned man a few moments before he is hanged and hears the reply: "I have no courage, even for that," how can a priest, hearing that confession of weakness, fail to honor the most wretched and most sacred thing in man? Those who say nothing but leave a little pool on the spot from which
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they are taken—who would dare say they died as cowards? And how can we describe the men who reduced them to such cowardice? After all, every murderer when he kills runs the risk of the most dreadful of deaths, whereas those who kill him risk nothing except advancement.
No, what man experiences at such times is beyond all morality. Not virtue, nor courage, nor intelligence, nor even innocence has anything to do with it. Society is suddenly reduced to a state of primitive terrors where nothing can be judged. All equity and all dignity have disappeared. "The conviction of innocence does not immunize against brutal treatment. ... I have seen authentic bandits die courageously whereas innocent men went to their deaths trembling in every muscle." 7 When the same man adds that, according to his experience, intellectuals show more weakness, he is not implying that such men have less courage than others but merely that they have more imagination. Having to face an inevitable death, any man, whatever his convictions, is torn asunder from head to toe.8 The feeling of powerlessness and solitude of the condemned man, bound and up against the public coalition that demands his death, is in itself an unimaginable punishment. From this point of view, too, it would be better for the execution to be public. The actor in every man could
7 Bela Just: op. cit.
8 A great surgeon, a Catholic himself, told me that as a result of his experience he did not even inform believers when they had an incurable cancer. According to him, the shock might destroy even their faith.
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then come to the aid of the terrified animal and help him cut a figure, even in his own eyes. But darkness and secrecy offer no recourse. In such a disaster, courage, strength of soul, even faith may be disadvantages. As a general rule, a man is undone by waiting for capital punishment well before he dies. Two deaths are inflicted on him, the first being worse than the second, whereas he killed but once. Compared to such torture, the penalty of retaliation seems like a civilized law. It never claimed that the man who gouged out one of his brother's eyes should be totally blinded.
Such a basic injustice has repercussions, besides, on the relatives of the executed man. The victim has his family, whose sufferings are generally very great and who, most often, want to be avenged. They are, but the relatives of the condemned man then discover an excess of suffering that punishes them beyond all justice. A mother's or a father's long months of waiting, the visiting-room, the artificial conversations filling up the brief moments spent with the condemned man, the visions of the execution are all tortures that were not imposed on the relatives of the victim. Whatever may be the feelings of the latter, they cannot want the revenge to extend so far beyond the crime and to torture people who share their own grief. "I have been reprieved, Father," writes a condemned man, "I can't yet realize the good fortune that has come my way. My reprieve was signed on April 30 and I was told Wednesday as I came back from the visiting-room. I immediately informed Papa and Mama, who had not yet left the prison. You can imagine
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their happiness." 9 We can indeed imagine it, but only insofar as we can imagine their uninterrupted suffering until the moment of the reprieve, and the final despair of those who receive the other notification, which punishes, in iniquity, their innocence and their misfortune.
To cut short this question of the law of retaliation, we must note that even in its primitive form it can operate only between two individuals of whom one is absolutely innocent and the other absolutely guilty. The victim, to be sure, is innocent. But can the society that is supposed to represent the victim lay claim to innocence? Is it not responsible, at least in part, for the crime it punishes so severely? This theme has often been developed, and I shall not repeat the arguments that all sorts of thinkers have brought forth since the eighteenth century. They can be summed up anyway by saying that every society has the criminals it deserves. But insofar as France is concerned, it is impossible not to point out the circumstances that ought to make our legislators more modest. Answering an inquiry of the Figaro in 1952 on the death penalty, a colonel asserted that establishing hard labor for life as the most severe penalty would amount to setting up schools of crime. That high-ranking officer seemed to be ignorant, and I can only congratulate him, of the fact that we already have our schools of crime, which differ from our federal prisons in this notable regard: it is possible to leave them at any hour of the day or
9 Father Devoyod: op. cit. Equally impossible to read calmly the petitions for reprieve presented by a father or a mother who obviously does not understand such sudden misfortune.
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night; they are the taverns and slums, the glory of our Republic. On this point it is impossible to express oneself moderately.
Statistics show 64,000 overcrowded dwellings (from three to five persons per room) in the city of Paris alone. To be sure, the killer of children is a particularly vile creature who scarcely arouses pity. It is probable, too (I say probable), that none of my
readers, forced to live in the same conditions, would go so far as to kill children. Hence there is no question of reducing the culpability of certain monsters. But those monsters, in decent dwellings, would perhaps have had no occasion to go so far. The least that can be said is that they are not alone guilty, and it seems strange that the right to punish them should be granted to the very people who subsidize, not housing, but the growing of beets for the production of alcohol.1
But alcohol makes this scandal even more shocking. It is known that the French nation is systematically intoxicated by its parliamentary majority, for generally vile reasons. Now, the proportion of alcohol's responsibility in the cause of bloodthirsty crimes is shocking. A lawyer (Maltre Guillon) estimated it at 60 per cent. For Dr. Lagriffe the proportion extends from 41.7 to 72 per cent. An investigation carried out in 1951 in the clearing-center of the Fresnes prison, among the common-law criminals, showed 29 per cent to be chronic alcoholics and 24 per cent to have an alcoholic inheritance. Finally, 95 per cent of the killers of children are alcoholics. These
1 France ranks first among countries for its consumption of alcohol and fifteenth in building.
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are impressive figures. We can balance them with an even more magnificent figure: the tax report of a firm producing aperitifs, which in 1953 showed a profit of 410 million francs. Comparison of these figures justifies informing the stockholders of that firm and the Deputies with a financial interest in alcohol that they have certainly killed more children than they think. As an opponent of capital punishment, I am far from asking that they be condemned to death. But, to begin with, it strikes me as indispensable and urgent to take them under military escort to the next execution of a murderer of children and to hand them on their way out a statistical report including the figures I have given.