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FRAGMENTS OF A PRISONER DIARY
pacified, the enraged bania had grown more insulting, and used abusive language with reference to the women. Since one of these was the young man's wife, he had lost his temper and assaulted the vilifier who was severely wounded in consequence. Afraid that, if they left him in that condition, he would surely do the greatest possible harm, the father had aided the hasty son with the hope of finding safety in the belief that a dead man tells no tales. So, as far as those two were concerned, the murder was confessed, and law sent them to the gallows with a clear conscience. The rest was sentenced, and given the maximum punishment, on circumstantial evidence.
Granted that the prosecution case was properly proved (it must have been, technically, otherwise a competent Court would not pronounce the judgment), and that the defence story was unreliable, what about the facts that. though not mentioned in defence, constituted the setting in which the crime was committed? Itself an instrument for maintaining the social status quo, criminal justice, nevertheless, does not admit in evidence facts that are contributory to, often compel the commission of, crimes it punishes. Social causes of crime are dismissed as irrelevant to the administration of criminal justice which is an act of social coercion.
However, extenuating circumstances are taken into consideration even when the technical respon
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