In 1778, Thomas Jefferson began working with a committee to reform the criminal code in the Commonwealth of Virginia. What the committee proposed may come as a surprise to modern observers. Below are some of the notable excerpts of the proposal, known as the “Bill Proportioning Crimes and Punishments”, or Bill 64.
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EYE FOR AN EYE
Adopting a lex talionis approach to justice — better known as “eye-for-an-eye” punishment — committee the proposed poisoning as a punishment for people convicted of poisoning:
Whosoever committeth murder by poisoning shall suffer death by poison. [1]
Similarly, the proposed punishment for disfigurement was disfigurement:
Whosoever on purpose and of malice forethought shall maim another, or shall disfigure him, by cutting out or disabling the tongue, slitting or cutting off a nose, lip or ear, branding, or otherwise, shall be maimed or disfigured in like sort: or if that cannot be for want of the same part, then as nearly as may be in some other part of at least equal value and estimation in the opinion of a jury and moreover shall forfiet one half of his lands and goods to the sufferer. [1]
SEX CRIMES
Castration and mutilation was proposed as the penalty for certain prohibited sex acts, such as having multiple spouses or committing the act of sodomy.
Whosoever shall be guilty of Rape, Polygamy, or Sodomy with man or woman shall be punished, if a man, by castration, if a woman, by cutting thro’ the cartilage of her nose a hole of one half inch diameter at the least. [1]
It is relevant to note that sodomy is broadly defined as any sex act that does not involve one penis and one vagina. Any other sexual activity — regardless of consent — was prohibited. This might have condemned even straight, married couples engaged in oral sex.
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