Interesting social sciences/The law as science
The law as science is a system established by the State norms and rules of behavior, fulfillment of which is ensured by force of State’s coercion. The law is a norm and the rule of behavior. Branches of criminal justice system (police, court, prison) must apply by sanctions to the culprit in case of violation of law. Such legal sanctions served corporal punishments (tortures and executions) in ancient times usually. The execution is replaced with life imprisonment in prison in modern democratic society often, and tortures are replaced with imprisonment for the term limited to the law, fine (penalty) confiscation of property, compensation of damage to the dissatisfied party and so on. But, nevertheless, law were built at the armed control of State over their citizens with antiquity before our days most frequently. Legal norms make by behavior of people to a predictable, this is the function and the benefits of the law for society.
Legal norms should not be contradictory each to other; otherwise citizens won't know what law citizens should perform. The State must to keep by public order, to protect by right to private property, free competition. The state has to stop rigidly by all attempts of criminals to disturb by public order, to seize somebody else’s property unlawfully, to prevent by other citizens to be engaged freely in business activity. People enter the relations in society inevitably, people sign economic contracts with each other, at the same time the state is a guarantor of the fact that both parties have to satisfy by conditions of this contract that the violator of terms of the contract will be punished and this violator will have to compensate by losses to the dissatisfied party. All citizens shall have the identical rights. All citizens shall to keep by law irrespectively of social status of these citizens. Even high-ranking officials and governors must keep by the law and even governors shouldn't allow of cases of an arbitrariness and lawlessness in own activity. Only published laws should apply, otherwise citizens will not know the laws, for which powers can punish these citizens, and the power will receive the right to arbitrariness. If a Constitution exists in the country that even the governor is obliged to keep by the norms of this Constitution.
- 1 The laws as norms of behavior
- 2 An empirical study of the reasons for criminality.
- 3 The question about necessity of the capital punishment
- 4 Michel Foucault about the prison’s reform
- 4.1 Reasons for the abolition of public executions:
- 4.2 The shortcomings of modern imprisonment:
- 4.3 Panopticon
- 4.4 The two systems of maintenance for criminals in the West
- 4.5 Two systems of keeping of criminals in prison in the West
- 4.6 Arguments of opponents of prison reform and of replacement of executions and torture to imprisonment:
The laws as norms of behavior
Laws are adopted by the supreme bodies of the government. Laws are adopted by the King or the monarch with help of individual decision under tyranny, the kingdom or a hereditary monarchy, in such a way, for example, the king Hammurabi has accepted by the first the code of laws known in the history. Laws are adopted under the aristocracy or oligarchy by the senate, a Boyar Duma, the Central Committee or the Politburo of the ruling Communist Party with help of vote of members of this ruling privileged meeting. laws are adopted by vote in people's assembly under direct democracy. Laws are adopted by parliament in the conditions of representative democracy . A hierarchy of laws and codes In the conditions exist today. The code is a great number of the laws describing norms of behavior in some sphere of activity - in economy, the family sphere and so on. The most important laws are united in the constitution. Laws from other codes shouldn't contradict the constitutional norms. Laws from other codes become invalid according to the decision of the constitutional court in case of a contradiction with norms of the constitution. Along with laws, there are also other legal (subordinate) acts subordinated to laws: decrees of the president, government resolution, instruction, rule, orders and so on. That to live in society, that to make success in affairs, the person has to study by lows.
The causes of criminality
There are many viewpoints on the causes of criminality in science. Neil Smelser has allocated by three approaches to decision of this difficult problem: biological, psychological and sociological approaches. The essence of biological approach consist in the following: the born criminal has the inclination to criminal behavior, the born criminal was born by thief and nothing else is able to do. Caesar Lombroso claimed within this approach that criminals are a result of degradation to earlier steps of human evolution. Cesare Lombroso named such external features of the born criminal, as the protruding lower jaw, rare beard and reduced sensitivity to pain. By the way, in my opinion, these features are most characteristic for speakers. Similarity of criminal with primitive savage is shown in the passion to tattoo, the weakness of mind and even in degradation of the handwriting accepting character of the hieroglyphic writing. Caesar Lombroso has allocated four types of criminals: murderer, thief, rapist and swindler. And this typology remains to this day.
According to Henry Goddard, criminals are mentally retarded men, occurring from hereditarily burdened families. My experience of school teaching of criminals on lessons of history in women's prison shows that criminals have different levels of development of intellect like ordinary people from very low level before very high level discovered at one thief‐women which was sentenced for that crime as this thief‐women received trust of men, gave to this men to drink by vodka with sleeping pills, then this thief‐women robs this men when this men have slept. This thief-women has remember each my word in lesson of history, each date, each name of hero for history, it is possible, the best memory is necessary quality of character of “thief on trust”. Level of development of intellect affects to degree of the success of growth for thief’s qualifications.
Stages for such growth for thief’s qualifications exist:
• Specialization in apartment's burglaries.
• Specialization in Pocket thefts.
• Theft is based on trust victim to criminal.
Thus, the opinion of Henry H. Goddard seems not entirely truth.
From the point of view of the theory of "criminal psychodynamics", the criminal in own acts is guided not by mind but only emotions, the criminal is a psychopathic personality who finds by deviates from the normal way (aberrations), but the criminal isn't neither mentally sick, nor mentally retarded men.
Ernst Kretschmer have given the description of three main body types of man:
• asthenic (thin, small, weak);
• pyknic (stocky, fat),
• athletic (muscular, large–boned);
Athlete is man with the developed musculature, inclined to the organization of conflict.
The picnic is man, inclined to to obesity, which attempts to settle by conflict by peaceful way.
Asthenic is high and thin person, which is potential victim in the conflict. William Herbert Sheldon considered that the athletics are most inclined to the crimes.
The genetic explanation of the reasons of crime consists that some criminals have chromosomes like XYY whereas ordinary men have chromosomes like XY, and ordinary women have chromosomes like XX. These people with chromosomes like XYY have frightening appearance, high growth and this people are heavy psychopaths sometimes.
Siegmund Freud has entered by concept "criminals with sense of guilt" within the framework of psychological approach, this criminals wish that they were caught and have punished because this criminals feel like guilty persons because of own "inclination to destruction", this criminals are sure that imprisonment will help them to overcome this inclination.
The essence of sociological approach consists that the fact that the main reason of crime is that thieves are brought up in criminal group purposefully. Edwin Sutherland claimed that the prison corrects nobody, and prison is school of training in criminal behavior often.
Émile Durkheim considered that the social anomie or, in other words, lawlessness, is the main reason for criminality in the period of social crisis. A similar period was in Russia during government of Mikhail Gorbachev and Boris Eltsin. The a main goal of Vladimir Putin became the establishing of order in the country, that to drive criminal world into an underground. The condition of an anomy is observed in big cities among teenagers where there is a mixture of various ethnic groups to the different systems of values.
Robert King Merton considered that the gap between the purposes and the approved means of their achievement is the reason of crime, for example, the purpose is financial success, and means is receiving the higher education, but paid education is often inaccessible today therefore some people can use by illegal ways of enrichment.
According to the theory of stigmatization of Howard S. Becker, influential groups are capable to brand by criminal on members of less influential groups and by that to accustom them to consider themselves by criminals. For example, acted white men with the Afro-Americans in the USA this way.
From the point of view of Marxism and radical criminologists, criminals are rebels against capitalist exploitation. The example of such "rebel" is Joseph Stalin who had 6 criminal records for extortion and 5 escapes from exile. It is possible to draw a conclusion that all these theories are partly true and crime is a consequence of many reasons.
An empirical study of the reasons for criminality.
My preliminary forecast before the empirical researches consisted that a potential criminal is the speaker. This forecast has found partial confirmation, but it has turned out that speakers are capable besides that to show resourcefulness, speakers are able to carry away by other the personality types to criminal group, speakers are able to use by other the personality types as performers of criminal plans, then speakers are capable to avoid criminal punishment and to shift all fault for crimes on other personality types.There is a specialization for various roles In criminal world, for example, for roles of the organizer, performer, helper and instigator. Thief in law is an example of the organizer of the high qualificationю Skilled in thieves' affairs speakeris capable to play a role of the organizer. The inexperienced speaker or the technician approach for a role of the performer.
A principle: "You mustn't to be by a performer!" esist in criminal world, because performers are arrested by first of all then the performer is obliged under thieves' laws to take all fault on himself and the performer mustn't betray by other members of criminal group, otherwise performer can be killed in prison. The role of the performer is the most unprofitable in comparison with other roles.
The psychologist and the speaker can undertake by role of the instigator, at the same time the speaker forces by performer to commit to crime by means of threats, and the psychologist persuades by performer to commit to crime by means of deception and cunning, thus, the speaker and psychologist use different coercion methods. The role of the helper is carried out by different the personality types, for example the technician is capable to make high-quality weapon, the speaker is capable to sell by stolen property, the psychologist and the speaker are capable to provide information on candidates of the potential victims of robberies and their property status at apartment's burglaries, the psychologist is able to ingratiate with the potential victims.
By the way, my research has shown that, unlike orders in men's prisons, it doesn't exist in women's prisons of strictly regime by women having the status of thiefs in law and there is no high hierarchy among the prisoner-women. The speaker and the psychologist approach for a role of the drug dealer. The technician can play a role of the cruel killer-executioner or killer-sniper because of inclination of the technician to insensibility and low emotionality.
The speaker has the highest inclination to be by leader of criminal world, to make all kinds of serious crimes and to improve thieves' skills, speaker has inclination to adventurism and thoughtless behavior, readiness to submit by pressure of criminal group and inability toforesee by heavy consequences of own crimes. This inclination of the speaker to criminal behavior is shown at young age and in state of intoxication especially brightly. The psychologist is the potential victim of crime often since the psychologist provoke involuntarily by criminal thanks to peculiar for psychologists weakness of character.
This my research has been conducted on the basis of the Berezniki women's a penal colony of a high security of UT 389/28 during the period from November, 2003 to March, 2004. The status of colony has been changed at the end of this period – the high security has been changed to a general regime. The informal unstructured interview (35 respondents) and the included observation in the course of training of prisoner in 8 and 9 classes of middle school (15 respondents) became forms of carrying out a research. Total, 50 prisoner-women have been interviewed and subjected to observation by means of casual selection, from this prisoner-women 40% were by psychologists, 20% were by technicians, 40% were speakers, theorists isn't revealed among prisoner-women. That to appear in this colony and to conduct a research, I had to get a job of the teacher of history in this prison's school. The generalized results of my research are given in the table given below:
|Different categories of prisoners.||Quantity of prisoners.||Portions of speakers among prisoners.||Portions of technicians among prisoners.||Portions of psychologists among prisoners.|
|1. Portions of the personality types.||50 people.||40%||20%||40%|
|2. Prisoners, сondemned for robbery according to article 162 for criminal codex of Russian Federation.||8 people.||62%||25%||13%|
|3. Prisoners, condemned for causing heavy harm to health without death of victim under article 111 of item 1,2,3||11 people.||73%||18%||9%|
|4. The prisoners, condemned for causing heavy harm to health with the death of victim under article 111 of item 4.||0%||40%||60%|
|5. Prisoners, сondemned for premeditated murder (malice aforethought) under article 105.||10 people.||30%||40%||30%|
|6. Prisoner, condemned for illegal manufacturing, sale, storage and transportation of drugs under article 228.||17 people.||47%||6%||47%|
|7. Prisoners, condemned for theft under article 158.||26 people.||35%||23%||42%|
|8. The drug addicts condemned for illegal manufacturing, sale, storage and transportation of drugs or for theft under articles 228 or 158.||13 people.||45%||10%||45%|
|9. The drug addicts sick HIV, condemned for illegal manufacturing, sale, storage and transportation of drugs according to article 228.||2 people.||50%||0%||50%|
|10. Prisoners, condemned for the apartment's thefts according to article 158.||9 people.||33%||22%||45%|
|11. Prisoners, condemned for the theft from the pockets according to article 158.||2 people.||50$||0%||50%|
|12. Prisoners, condemned for theft on trust with use of сlophelinum under article 158.||1 people.||100%||0%||0%|
|13. Prisoners, condemned for group crimes.||25 people.||52%||12%||36%|
|14. Prisoners, who committed by crimes alone.||13 people.||31%||15%||54%|
|15. Prisoners, condemned for domestic crimes.||12 people.||33%||42%||25%|
|16. Prisoners which hold lead positions among other prisoners in colony – the foreman, the man on duty, the chairman of the council of staff of troop.||3 people.||100%||0%||0%|
|17 Prisoners which consisted in legal or civil marriage.||24 people.||20%||20%||60%|
|18. Prisoners which have children.||22 people.||14%||32%||54%|
|19. Prisoners which killed by its husband.||4 people.||50%||50%||0%|
|20. Average quantity of criminal records to one prisoner.||50 people.||2,5||2,3||2,4|
It is possible to draw the following conclusions on the basis of these results of a research.
Speakers have the highest status in colony. Speakers have the biggest inclination to group crimes though all prisoner-women have noted that they executed by orders of the male recidivist in criminal group . Re-education of the speaker is the most difficult task that finds manifestation that the speaker has the most large average amount of criminal records on one prisoner among the personality types. The task of re-education of the speaker is complicated by those circumstances that speaker has the worst marital status – speaker marries more rare , speaker has by children less often than other personality types, speaker has high inclination to the use of drugs, to alcoholism and high probability to ache with HIV.
Psychologists specialize in crimes on sale of drugs and apartment's burglaries, psychologists have high inclination to fall into the heat of passion and psychologists have high inclination to finish by victim during drawing of heavy injuries, but psychologists have low inclination to robbery. Psychologists are most of all inclined to commit of crimes alone, but not in group. The task of re-education of the psychologist is complicated by his inclination to the use of drugs, high probability to ache with HIV and this task is facilitated by rather good marital status – psychologist is more often than others psychologist marries and psychologist is more often than others psychologist has children.
Technicians are inclined to commission of crimes much less than others. Technicians make only 20% of prisoners. But technicians have high inclination to commission of deliberate and unintentional domestic murders (malice aforethought and manslaughter), technicians are capable to work as the executioner and to show cold loss of consciousness to agonal sufferings of the victim. Process of their re-education is facilitated by low inclination to the use of drugs and quite good marital status. 1 technician and 1 psychologist have on two criminal records for murder that is an example of unique cruelty.
All women of Romani people (5 women) were psychologists and specialize in sale of drugs – 60%, in thefts - 20% and in premeditated murders(malice aforethought) - 20%.
A knife (84% of cases), the axe (8% of cases), a noose of (4% of cases}, a rolling pin (4% of cases) have served as the crime tool from 24 cases of women crimes.
The question about necessity of the capital punishment
Punishment for the crimes connected with use of violence became much more strict under the new Russian criminal code. The top limits of them are raised from 15 to 20 years and to life imprisonment. Russian Federation keeps by conditions of the moratorium on the capital punishment , that is though such punishment as the capital punishment is prescribed in the criminal code for the most serious crimes, but courts replace by capital punishment to life imprisonment. It is connected with fear to make an irreparable miscarriage of justice when a theoretical opportunity to sentence the innocent person to death remains. It is impossible already to return to life by the innocent person in case of detection of such miscarriage of justice after enforcement of sentence about capital punishment. For example, it has become clear during the investigation of criminal case of the maniac-murderer Andrei Chikatilo who has killed about 50 people that the court has sentenced to capital punishment for one of these murders by innocent person who has been executed already.
According to sociological polls, most of residents of Russia are sure in need of the capital punishment, especially in connection with threat of the Chechen terrorism and the war in Chechnya. Most of residents of Russia are sure in need of application of the capital punishment to those terrorists who blew up houses in Moscow, Volgodonsk and Buynaksk which cut off by heads of russian prisoner of war in Chechnya. To abolish by capital punishment is absurdity during war.
Region of Upper river Kama (the cities of Solikamsk, Berezniki, Krasnovishersk, Kizel) it has been turned into the prison region at the Soviet power. One of leaders of the Chechen terrorists – Salman Raduyev – has been sentenced to life imprisonment and served sentence in Solikamsk in colony strictly regime "White Swan". In one of an interview Salman Raduyev said that he hopes to serve sentence in colonies 25 years, to receive amnesty and to be released, but he has died in a year on December 14, 2002 in hospital from old wounds. To the former terrorist to survive in colony is very difficult. Prisoners and security guards put upon terrorist pressure also :
Almost all structure of the Perm OMON(Special Purpose Police Unit) – 43 militiamen (from them 32 were killed in battle, and 11 were captured and executed with special cruelty) has died in one of the ambushes made by the Chechen terrorists. This event has taken place on March 29, 2000. It is possible to understand hostility of security guards to the condemned terrorists in these conditions. Many leaders of the Chechen terrorists – Dzhokhar Dudayev, Shamil Basayev, Ibn al-Khattab, Aslan Maskhadov have been killed with help of special operations. It is possible to abolish by capital punishment in civilized Europe, but not in criminal Russia. The capital punishment remains even in the USA. When the prisoner sentenced to capital punishment can choose a way execution in the USA. – a lethal injection, an electric chair, shooting, hanging or the gas chamber, and relatives of the victim have an opportunity to watch by this procedure of an execution for cable television.
Michel Foucault about the prison’s reform
Michel Foucault has described at the beginning of own book "Discipline and Punish: The Birth of the Prison" by a cruel execution by Robert-François Damiens on March 2, 1757 . Prisons have appeared in modern understanding three quarters of the century later after this execution, and the daily routine in prison for juvenile prisoners has been made already. Prisoners have been obliged to work 9 hours in day in workshops, two hours in day are allotted for study at prison school. So, public execution has been complemented with imprisonment and a prison daily routine. Public execution and imprisonment became different types of punishment in Europe and America. The prison was just the place earlier where the criminal was interrogated and tortured, and then criminal waited by an execution here. The prison became the place of life and work for the prisoner after reform on the strict schedule where the prisoner spent a long imprisonment term. These punishments began to be applied for different types of crime and for different types of criminals. This reform has been undertaken for the period slightly less century. The new codes providing a new type of punishment have been made during this time: in Russia – in 1769, in Prussia – in 1780, In Pennsylvania and Tuscany – in 1786, in Austria – 1788, in France – in 1791, 1808.
The essence of prison’s reform (since the late 18th century until the early 19th century) consisted in following:
- The essence of prison reform (since the end of 18 century until to the beginning of 19 century) was in following:
- Public executions and tortures have been cancelled,
- Accurate codes, uniform rules of legal proceedings, Jury trial have been introduced,
- The corrective nature of punishments and assignment of various imprisonment terms and types of punishment depending on weight of crime. Only the whip and birches remain still some time in Russia, Austria and Prussia.
- The brand on a face or on criminal's shoulder has disappeared, some care have arisen in art to hurt, the body as a target of punishments has disappeared.
- Public repentance and pillory has been cancelled,
- Use of prisoners at public works – at repair of roads when convicts have been chained in shackles and iron collars and convicts exchanged with crowd by curses in response to contempt from this crowd.
- Сolumns of convicts chained in a chain which lasted on roads of the whole France to the ports of Brest and Toulon have been cancelled. Сaravans of the convicts who are held down by the general chain – it was by tradition which is going back to an era of gallery slaves. That to chain by criminal in iron collar in the French prison Bicêtre, his head was stacked on an anvil, and the executioner struck by one direct shot to a collar rivet, trying not to smash by head of criminal, other criminals watched for this procedure with interest, other criminals waiting for the turn. It was a disgusting show for edification of potential criminals. Prisoners began to be transported in decent black prison vans. This van represented by prison on wheels. The central corridor divides by van on all length, there are six solitary confinements from each party of a corridor where prisoners sit facing a corridor. Legs and hands of criminals are chained by a chain. There is an iron door with a small window between a corridor and the camera that interferes with communication in way between prisoners. There are two security guards armed with bludgeons in a corridor. Punishment stops being theater, a ritual and a show for gapers gradually.
Reasons for the abolition of public executions:
- Reasons of cancellation of public executions:
- The execution surpassed crime in barbarity sometimes.
- The execution accustomed by audience to cruelty whereas the execution had to disaccustom from cruelty.
- The execution equated by executioner with the criminal, and the execution equated by judges with murderers.
- The execution caused by admiration and sympathy to the executed criminal instead of contempt and hatred.
Conclusion: punishment becomes the most hidden part of the criminal procedure gradually. The efficiency of punishment is defined by its inevitability, but not spectacular influence.:
Powers began to apply keeping in prison, imprisonment, forced labor, penal servitude, the ban on accommodation in certain places, dispatch instead of tortures and executions during modern times. Imprisonment is connected somewhat with physical suffering too unlike penalties, but intolerable corporal pain is not connected with criminal penalty any more already. The whole army of supervisors, prison doctors and priests comes to replace the executioner as to the specialist in causing pain.
The shortcomings of modern imprisonment:
- Imprisonment doesn't influence on public.
- Imprisonment doesn't consider by specifics of crime.
- Imprisonment costs much
- Imprisonment strengthens by prisoners in idleness, multiplies their vices.
- Work of the jailer is an exercise in tyranny.
Possibility of the round-the-clock supervision of prisoners – here a main goal of construction of Panopticon prison according to the plan of .Jeremy Bentham. This prison represents the round or crosswise building, for example, Kresty Prison in St. Petersburg represents several crosswise buildings. The central tower is in the center of such building where there is a supervisor settles down. A supervisor has an opportunity to observe through wide windows by life of prisoners in cells which settle down on a building circle as in an aquarium or a zoo. Two windows is in each cell, one window comes to light, the second big window leaves inside therefore the cell is looked through through. Only one criminal has to sit in each cell that to avoid by bad influence from prisoners at each other. Walls between cell prevent by communication between prisoners. Therefore there is no by danger of a plot, planning of collective escape and commission of new crimes. This structure of the building of prison is opposite to the principle of a dungeon. Constant surveillance saves from need to apply corporal punishments somewhat too. Modern technical means allow to provide constant surveillance over prisoners in cells not by means of a special structure of the building of prison, and by means of video surveillance.Such projects of prisons as Panopticon are still too expensive for Russia. The available prisons are crowded excessively in Russia today, closeness and insanitary conditions exist in cells.
The two systems of maintenance for criminals in the West
Two systems of keeping of criminals in prison in the West
Powers in the West wanted to interfere with association of criminals in prison in criminal community.
Two systems of keeping of criminals in prison have been invented for this purpose in the USA:
- Auburn system in the 19th century which orders by keeping of the criminals in the solitary confinement at night, collaboration work and the common lunch in the afternoon, as in the monastery, but on condition of absolute silence. Prisoners can speak only with supervisors.
- Pennsylvania system (Separate system) provides keeping of criminals in the conditions of absolute isolation from each other in the solitary confinement that to leave by criminal alone with own conscience.
There were discussions about an opportunity to pay by work of prisoners and a possibility of the prisoner to refuse from some kinds of works and to organize by strike.
Arguments of opponents of prison reform and of replacement of executions and torture to imprisonment:
- The prison organizes by training of inexperienced criminals by "thieves' professions" and their transformation into professional criminals.
- Criminals plan by future crimes in prison, by organization of escapes from prison and by collective prison revolts.
- Prisons don't reduce by crime rate. Prisons is possible to expand, to transform, to increase their quantity, but the number of crimes and criminals remains stable or, it is worse than that, the number of crimes and criminals increases.
- The prison generates recidivists.
- Overwhelming number of prisoners are those who serve by imprisonment not for the first time. Existence in prison is their way of life. Recidivists get used not to care about food and the dwelling, about job searches and means of livelihood in prison.
- The prison makes everything new and new criminals, but the prison doesn't correct by criminals, irrespective of whether criminals sit in solitary confinements or criminals perform by work, useless for them. 30-40 supervisors can keep by own safety in prison and control over 1000-1500 criminals only relying on informers.
- The prison organizes by hierarchy in this criminal community. The prison gives by "thieves' profession and The prison learns to be the informer. Сriminals appear after release from prison in such conditions which doom by criminals to crime repetition. Criminals lose by residence during the inprisonment and criminals become homeless tramps after an exit from prison .
Imprisonment dooms by family of the criminal to poverty after detention of the only supporter. As a result the son of the thief becomes by thief too frequently that, leads to new crimes eventually.
Conclusions: In my opinion, the prison has many shortcomings, but the prison can't be cancelled. It is impossible to return to tortures and executions since such return contradicts to the principles of humanity. Besides, corporal punishments remain in prison system to some extent. Corporal punishments are the great invention of mankind too and corporal punishments can't be cancelled too completely since such people exist on which only corporal punishments act. It is impossible to replace by corporal punishments to administrative punishments completely, that is it is impossible to replace by corporal punishments to conversion by the person from the status "free person" to status of "prisoner". The attempt to replace by corporal punishments and an executions to administrative punishments (imprisonment) was not quite successful since this attempt has led to emergence of new problems which weren't earlier. If Gleb Zheglov from the movie "The Meeting Place Cannot Be Changed" was guided by the principle that "the thief has to be imprisoned" at any cost, then earlier the judge was guided by the principle: the place of recidivists – on the gallows at any cost. Therefore it was possible to reduce by number of recidivists with help of executions, to destroy criminal hierarchy with help of an executions of leaders of criminal world, to interfere by process of training of the inexperienced criminals to thieves' professions since executions reduced by number of similar "teachers" really. The execution of notorious villains allowed to reduce by costs on maintenance of criminals to a minimum. Besides, the execution of terrorists and maniacs allowed to satisfy by sense of justice at relatives of the victims by the ancient law of talion – "Eye for an eye", these relatives are forced to commit by murder of the criminal from revenge and to be exposed by criminal prosecution today sometimes. This example shows that cancellation of any social invention, even corporal punishments and the capital punishment leads to emergence of big problems always.