Whether execution ought to be public or private has been a question much discussed, and one upon which a great diversity of opinion exists among intelligent statesmen. On the one hand, it is said that public spectacles of this sort have a tendency to brutalize and harden the people, or to make them indifferent to the punishment; and the courage and firmness with which the criminal often meets death have a tendency to awaken feelings of sympathy, and even of admiration, and to take away much of the horror of the offense as well as of the punishment. On the other hand it is said that the great influence of punishment in deterring others from the like offense cannot be obtained in any other way. It is the only means to bring home to the mass of the people a salutary dread and warning; and it is a public admonition of the certainty of punishment following upon crime. It is also added that all punishments ought to be subjected to the public scrutiny, so that it may be known that all the law requires, and no more, has been done. Since 1868 the law of the United Kingdom has required all executions to take place privately within the prison walls, and this system seems to have given general satisfaction. The same method is also practised in various other countries. In 1870 a similar measure was proposed in the French Assembly, but the war prevented it being passed and it is not yet law.
In England, the court before which the trial is held declares the sentence and directs the execution of it. In the courts of the United States there is a like authority; but in the laws of many of the States there is a provision that the execution shall not take place except by a warrant from the governor, or other executive authority. In cases of murder and other atro
cious crimes the punishment in England is usually inflicted at a very short interval after the sentence. In America there is usually al lowed a very considerable interval, varying from one month to six months. In Great Britain appeal is allowed, on a point of law, and on a question of fact, if the judge certifies the case as fit for appeal, or the Court of Criminal Ap peal grants leave to appeal. On conviction the judge can reserve a question of law, but not of fact, for the Court of Criminal Appeal, which can reverse or affirm the judgment. The only other method of securing a revision of a sentence is by the Royal Prerogative, exercised on the advice of the Home Secretary. In the United States there is considerable latitude of appeal. In France there may be a review in the Court of Cassation. In Germany there is, in criminal as in civil cases, a- right of appeal; hence, in that country, few innocent persons have suffered capitally since the 16th century. Capital punishment cannot be inflicted, by the general humanity of the laws of modern nations, upon persons who are insane or who are pregnant, until the latter are delivered and the former become sane. It is said that Frederick the Great required all judgments of his courts condemning persons to death to be written on blue paper; thus he was constantly reminded of them as they lay on his table among other papers, from which they were readily distinguished. He usually took a long time to consider such cases, and thus set an excellent example to sovereigns of their duty. Consult Curtis, N. M., 'Capital Crimes' (New York 1894); Actes du 8me Congres peniten tiaire international (1910).