Resistance, Rebellion, and Death Page 13

  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 were 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;

  3) that, in other regards, it constitutes a repulsive example, the consequences of which cannot be foreseen.

  To begin with, society does not believe in what it says. If it really believed what it says, it would exhibit the heads. Society would give executions the benefit of the publicity it generally uses for national bond issues or new brands of drinks. But we know that executions in our country, instead of taking place publicly, are now perpetrated in prison courtyards before a limited number of specialists. We are less likely to know why and since when. This is a relatively recent measure. The last public execution, which took place in 1939, beheaded Weidmann, the author of several murders, who was notorious for his crimes. That morning a large crowd gathered at Versailles, including a large number of photographers. Between the moment when Weidmann was shown to the crowd and the moment when he was decapitated, photographs could be taken. A few hours later Paris-Soir published a page of illustrations of that appetizing event. Thus the good people of Paris could see that the light precision instrument used by the executioner was as different from the historical scaffold as a Jaguar is from one of our old Pierce-Arrows. The administration and the government, contrary to all hope, took such excellent publicity very badly and protested that the press had tried to satisfy the sadistic instincts of its readers. Consequently, it was decided that executions would no longer take place publicly, an arrangement that, soon after, facilitated the work of the occupation authorities. Logic, in that affair, was not on the side of the lawmaker.

  On the contrary, a special decoration should have been awarded to the editor of Paris-Soir, thereby encouraging him to do better the next time. If the penalty is intended to be exemplary, then, not only should the photographs be multiplied, but the machine should even be set on a platform in Place de la Concorde at two p.m., the entire population should be invited, and the ceremony should be put on television for those who couldn’t attend. Either this must be done or else there must be no more talk of exemplary value. How can a furtive assassination committed at night in a prison courtyard be exemplary? At most, it serves the purpose of periodically informing the citizens that they will die if they happen to kill—a future that can be promised even to those who do not kill. For the penalty to be truly exemplary it must be frightening. Tuaut de La Bouverie, representative of the people in 1791 and a partisan of public executions, was more logical when he declared to the National Assembly: “It takes a terrifying spectacle to hold the people in check.”

  Today there is no spectacle, but only a penalty known to all by hearsay and, from time to time, the news of an execution dressed up in soothing phrases. How could a future criminal keep in mind, at the moment of his crime, a sanction that everyone strives to make more and more abstract? And if it is really desired that he constantly keep that sanction in mind so that it will first balance and later reverse a frenzied decision, should there not be an effort to engrave that sanction and its dreadful reality in the sensitivity of all by every visual and verbal means?

  Instead of vaguely evoking a debt that someone this very morning paid society, would it not be a more effective example to remind each taxpayer in detail of what he may expect? Instead of saying: “If you kill, you will atone for it on the scaffold,” wouldn’t it be better to tell him, for purposes of example: “If you kill, you will be imprisoned for months or years, torn between an impossible despair and a constantly renewed terror, until one morning we shall slip into your cell after removing our shoes the better to take you by surprise while you are sound asleep after the night’s anguish. We shall fall on you, tie your hands behind your back, cut with scissors your shirt collar and your hair if need be. Perfectionists that we are, we shall bind your arms with a strap so that you are forced to stoop and your neck will be more accessible. Then we shall carry you, an assistant on each side supporting you by the arm, with your feet dragging behind through the corridors. Then, under a night sky, one of the executioners will finally seize you by the seat of your pants and throw you horizontally on a board while another will steady your head in the lunette and a third will let fall from a height of seven feet a hundred-and-twenty-pound blade that will slice off your head like a razor.”

  For the example to be even better, for the terror to impress each of us sufficiently to outweigh at the right moment an irresistible desire for murder, it would be essential to go still further. Instead of boasting, with the pretentious thoughtlessness characteristic of us, of having invented this rapid and humane1 method of killing condemned men, we should publish thousands of copies of the eyewitness accounts and medical reports describing the state of the body after the execution, to be read in schools and universities. Particularly suitable for this purpose is the recent report to the Academy of Medicine made by Doctors Piedelièvre and Fournier. Those courageous d
octors, invited in the interest of science to examine the bodies of the guillotined after the execution, considered it their duty to sum up their dreadful observations: “If we may be permitted to give our opinion, such sights are frightfully painful. The blood flows from the blood vessels at the speed of the severed carotids, then it coagulates. The muscles contract and their fibrillation is stupefying; the intestines ripple and the heart moves irregularly, incompletely, fascinatingly. The mouth puckers at certain moments in a terrible pout. It is true that in that severed head the eyes are motionless with dilated pupils; fortunately they look at nothing and, if they are devoid of the cloudiness and opalescence of the corpse, they have no motion; their transparence belongs to life, but their fixity belongs to death. All this can last minutes, even hours, in sound specimens: death is not immediate.… Thus, every vital element survives decapitation. The doctor is left with this impression of a horrible experience, of a murderous vivisection, followed by a premature burial.”2

  I doubt that there are many readers who can read that terrifying report without blanching. Consequently, its exemplary power and its capacity to intimidate can be counted on. There is no reason not to add to it eyewitness accounts that confirm the doctors’ observations. Charlotte Corday’s severed head blushed, it is said, under the executioner’s slap. This will not shock anyone who listens to more recent observers. An executioner’s assistant (hence hardly suspect of indulging in romanticizing and sentimentality) describes in these terms what he was forced to see: “It was a madman undergoing a real attack of delirium tremens that we dropped under the blade. The head dies at once. But the body literally jumps about in the basket, straining on the cords. Twenty minutes later, at the cemetery, it is still quivering.”3 The present chaplain of the Santé prison, Father Devoyod (who does not seem opposed to capital punishment), gives in his book, Les Délinquants,4 an account that goes rather far and renews the story of Languille, whose decapitated head answered the call of his name:5 “The morning of the execution, the condemned man was in a very bad mood and refused the consolations of religion. Knowing his heart of hearts and the affection he had for his wife, who was very devout, we said to him: ‘Come now, out of love for your wife, commune with yourself a moment before dying,’ and the condemned man accepted. He communed at length before the crucifix, then he seemed to pay no further attention to our presence. When he was executed, we were a short distance from him. His head fell into the trough in front of the guillotine and the body was immediately put into the basket; but, by some mistake, the basket was closed before the head was put in. The assistant who was carrying the head had to wait a moment until the basket was opened again; now, during that brief space of time we could see the condemned man’s eyes fixed on me with a look of supplication, as if to ask forgiveness. Instinctively we made the sign of the cross to bless the head, and then the lids blinked, the expression of the eyes softened, and finally the look, that had remained full of expression, became vague.…” The reader may or may not, according to his faith, accept the explanation provided by the priest. At least those eyes that “had remained full of expression” need no interpretation.

  I could adduce other first-hand accounts that would be just as hallucinating. But I, for one, could not go on. After all, I do not claim that capital punishment is exemplary, and the penalty seems to me just what it is, a crude surgery practiced under conditions that leave nothing edifying about it. Society, on the other hand, and the State, which is not so impressionable, can very well put up with such details and, since they extol an example, ought to try to get everyone to put up with them so that no one will be ignorant of them and the population, terrorized once and for all, will become Franciscan one and all. Whom do they hope to intimidate, otherwise, by that example forever hidden, by the threat of a punishment described as easy and swift and easier to bear, after all, than cancer, by a penalty submerged in the flowers of rhetoric? Certainly not those who are considered respectable (some of them are) because they are sleeping at that hour, and the great example has not been announced to them, and they will be eating their toast and marmalade at the time of the premature burial, and they will be informed of the work of justice, if perchance they read the newspapers, by an insipid news item that will melt like sugar in their memory. And, yet, those peaceful creatures are the ones who provide the largest percentage of homicides. Many such respectable people are potential criminals. According to a magistrate, the vast majority of murderers he had known did not know when shaving in the morning that they were going to kill later in the day. As an example and for the sake of security, it would be wiser, instead of hiding the execution, to hold up the severed head in front of all who are shaving in the morning.

  Nothing of the sort happens. The State disguises executions and keeps silent about these statements and eyewitness accounts. Hence it doesn’t believe in the exemplary value of the penalty, except by tradition and because it has never bothered to think about the matter. The criminal is killed because this has been done for centuries and, besides, he is killed in a way that was set at the end of the eighteenth century. Out of habit, people will turn to arguments that were used centuries ago, even though these arguments must be contradicted by measures that the evolution of public sensitivity has made inevitable. A law is applied without being thought out and the condemned die in the name of a theory in which the executioners do not believe. If they believed in it, this would be obvious to all. But publicity not only arouses sadistic instincts with incalculable repercussions eventually leading to another murder; it also runs the risk of provoking revolt and disgust in the public opinion. It would become harder to execute men one after another, as is done in our country today, if those executions were translated into vivid images in the popular imagination. The man who enjoys his coffee while reading that justice has been done would spit it out at the least detail. And the texts I have quoted might seem to vindicate certain professors of criminal law who, in their obvious inability to justify that anachronistic penalty, console themselves by declaring, with the sociologist Tarde, that it is better to cause death without causing suffering than it is to cause suffering without causing death. This is why we must approve the position of Gambetta, who, as an adversary of the death penalty, voted against a bill involving suppression of publicity for executions, declaring: “If you suppress the horror of the spectacle, if you execute inside prisons, you will smother the public outburst of revolt that has taken place of late and you will strengthen the death penalty.”

  Indeed, one must kill publicly or confess that one does not feel authorized to kill. If society justifies the death penalty by the necessity of the example, it must justify itself by making the publicity necessary. It must show the executioner’s hands each time and force everyone to look at them—the over-delicate citizens and all those who had any responsibility in bringing the executioner into being. Otherwise, society admits that it kills without knowing what it is saying or doing. Or else it admits that such revolting ceremonies can only excite crime or completely upset opinion. Who could better state this than a magistrate at the end of his career, Judge Falco, whose brave confession deserves serious reflection: “The only time in my life when I decided against a commutation of penalty and in favor of execution, I thought that, despite my position, I could attend the execution and remain utterly impassive. Moreover, the criminal was not very interesting: he had tormented his daughter and finally thrown her into a well. But, after his execution, for weeks and even months, my nights were haunted by that recollection.… Like everyone else, I served in the war and saw an innocent generation die, but I can state that nothing gave me the sort of bad conscience I felt in the face of the kind of administrative murder that is called capital punishment.”6

  But, after all, why should society believe in that example when it does not stop crime, when its effects, if they exist, are invisible? To begin with, capital punishment could not intimidate the man who doesn’t know that he is going to kill, who makes up his mind to it in
a flash and commits his crime in a state of frenzy or obsession, nor the man who, going to an appointment to have it out with someone, takes along a weapon to frighten the faithless one or the opponent and uses it although he didn’t want to or didn’t think he wanted to. In other words, it could not intimidate the man who is hurled into crime as if into a calamity. This is tantamount to saying that it is powerless in the majority of cases. It is only fair to point out that in our country capital punishment is rarely applied in such cases. But the word “rarely” itself makes one shudder.

  Does it frighten at least that race of criminals on whom it claims to operate and who live off crime? Nothing is less certain. We can read in Koestler that at a time when pickpockets were executed in England, other pickpockets exercised their talents in the crowd surrounding the scaffold where their colleague was being hanged. Statistics drawn up at the beginning of the century in England show that out of 250 who were hanged, 170 had previously attended one or more executions. And in 1886, out of 167 condemned men who had gone through the Bristol prison, 164 had witnessed at least one execution. Such statistics are no longer possible to gather in France because of the secrecy surrounding executions. But they give cause to think that around my father, the day of that execution, there must have been a rather large number of future criminals, who did not vomit. The power of intimidation reaches only the quiet individuals who are not drawn toward crime and has no effect on the hardened ones who need to be softened. In Koestler’s essay and in the detailed studies will be found the most convincing facts and figures on this aspect of the subject.

  It cannot be denied, however, that men fear death. The privation of life is indeed the supreme penalty and ought to excite in them a decisive fear. The fear of death, arising from the most obscure depths of the individual, ravages him; the instinct to live, when it is threatened, panics and struggles in agony. Therefore the legislator was right in thinking that his law was based upon one of the most mysterious and most powerful incentives of human nature. But law is always simpler than nature. When law ventures, in the hope of dominating, into the dark regions of consciousness, it has little chance of being able to simplify the complexity it wants to codify.