Russia

An equal leniency is generally shown by peasants towards crimes against the person, such as assaults, cruelty, and the like. This fact is easily explained. Refined sensitiveness and a keen sympathy with physical suffering are the result of a certain amount of material well-being, together with a certain degree of intellectual and moral culture, and neither of these is yet possessed by the Russian peasantry. Any one who has had opportunities of frequently observing the peasants must have been often astonished by their indifference to suffering, both in their own persons and in the person of others. In a drunken brawl heads may be broken and wounds inflicted without any interference on the part of the spectators. If no fatal consequences ensue, the peasant does not think it necessary that official notice should be taken of the incident, and certainly does not consider that any of the combatants should be transported to Siberia. Slight wounds heal of their own accord without any serious loss to the sufferer, and therefore the man who inflicts them is not to be put on the same level as the criminal who reduces a family to beggary. This reasoning may, perhaps, shock people of sensitive nerves, but it undeniably contains a certain amount of plain, homely wisdom.

Of all kinds of cruelty, that which is perhaps most revolting to civilised mankind is the cruelty of the husband towards his wife; but to this crime the Russian peasant shows especial leniency. He is still influenced by the old conceptions of the husband's rights, and by that low estimate of the weaker sex which finds expression in many popular proverbs.

The peculiar moral conceptions reflected in these facts are evidently the result of external conditions, and not of any recondite ethnographical peculiarities, for they are not found among the merchants, who are nearly all of peasant origin. On the contrary, the merchants are more severe with regard to crimes against the person than with regard to crimes against property. The explanation of this is simple. The merchant has means of protecting his property, and if he should happen to suffer by theft, his fortune is not likely to be seriously affected by it. On the other hand, he has a certain sensitiveness with regard to such crimes as assault; for though he has commonly not much more intellectual and moral culture than the peasant, he is accustomed to comfort and material well-being, which naturally develop sensitiveness regarding physical pain.

Towards fraud the merchants are quite as lenient as the peasantry. This may, perhaps, seem strange, for fraudulent practices are sure in the long run to undermine trade. The Russian merchants, however, have not yet arrived at this conception, and can point to many of the richest members of their class as a proof that fraudulent practices often create enormous fortunes. Long ago Samuel Butler justly remarked that we damn the sins we have no mind to.

As the external conditions have little or no influence on the religious conceptions of the merchants and the peasantry, the two classes are equally severe with regard to those acts which are regarded as crimes against the Deity. Hence acquittals in cases of sacrilege, blasphemy, and the like never occur unless the jury is in part composed of educated men.

In their decisions, as in their ordinary modes of thought, the jurors drawn from the educated classes are little, if at all, affected by theological conceptions, but they are sometimes influenced in a not less unfortunate way by conceptions of a different order. It may happen, for instance, that a juror who had passed through one of the higher educational establishments has his own peculiar theory about the value of evidence, or he is profoundly impressed with the idea that it is better that a thousand guilty men should escape than that one innocent man should be punished, or he is imbued with sentimental pseudo-philanthropy, or he is convinced that punishments are useless because they neither cure the delinquent nor deter others from crime; in a word, he may have in some way or other lost his mental balance in that moral chaos through which Russia is at present passing. In England, France, or Germany such an individual would have little influence on his fellow-jurymen, for in these countries there are very few people who allow new paradoxical ideas to overturn their traditional notions and obscure their common-sense; but in Russia, where even the elementary moral conceptions are singularly unstable and pliable, a man of this type may succeed in leading a jury. More than once I have heard men boast of having induced their fellow-jurymen to acquit every prisoner brought before them, not because they believed the prisoners to be innocent or the evidence to be insufficient, but because all punishments are useless and barbarous.