The Rationale of Punishment

Book I

General Principles

Chapter VIII

Of Analogy between Crimes and Punishments

Imposition of Disguise assumed.

Some offences are characterized by the assumption of a disguise to facilitate their commission:—a mask, or crape over the face, has commonly been used. This circumstance constitutes an aggravation of the offence; it increases the alarm produced, and diminishes the probability of detection; and hence arises the propriety of additional punishment. Analogy would recommend the imprinting on the offender a representation of the disguise assumed. This impression might be made either evanescent or indelible, according as the imprisonment by which it may be accompanied, is to be either temporary or otherwise. If evanescent, it might be produced by the used of a black wash. If indelible, by tattooing. The utility of this punishment would be most particularly felt in cases of premeditated murder, rape, irreparable personal injury, and theft, when accompanied with violence and alarm.

[RP, Book I, Chapter VIII, §3] [RP, Book I, Chapter VIII, §5]