the act; nor _vice versa_; but the mischief may be
aggravated by a bad motive, as pointing to greater likelihood of
repetition. This is less the case, however, when the motive is
dissocial, such motives being generally less constant, as having
reference to a particular, not a general, object; the religious motive,
as being more constant, is more pernicious when it has a mischievous
issue.

Punishment, being primarily mischievous, is out of place when
groundless, inefficacious, unprofitable, or needless. Punishment is
inefficious when it is _ex post facto_, or extra-legal, or secret; or in
the case of irresponsible (including intoxicated) persons; and also so
far as the intention of the act was incomplete, or where the act was
actually or practically under compulsion. It is unprofitable when under
ordinary circumstances the evils of the punishment outweigh those of the
offence; this subject, however, will be more fully dealt with later. It
is needless when the end in view can be as well or better attained
otherwise.

Now, the aim of the legislator is (1) to prevent mischief altogether;
(2) to minimise the inclination to do mischief; (3) to make the
prevention cheap. Hence, (1) the punishment must outweigh the profit of
the offence to the doer; (2) the greater the mischief, the greater the
expense worth incurring to prevent it; (3) alternative offences which
are not equally mischievous, as robbery and robbery with murder, must
not be equally punished; (4) the punishment must not be excessive, and
therefore should take into account the circumstances influencing
sensibility; (5) so also must the weakness of the punishment due to its
remoteness, and the impelling force of habit.

The properties of punishment necessary to its adjustment to a particular
offence are these: (1) variability in point of quantity, so that it
shall be neither excessive nor deficient; (2) equality, so that when
applied in equal degree, it shall cause equal pain--_e.g._, banishment
may mean much to one man, little to another; (3) commensurability with
other punishments; (4) characteristicalness, or appropriateness; (5)
exemplarity--it must not seem less than it is in fact; (6)
frugality--none of the pain it causes is to be wasted. Minor desirable
qualities are (7) subserviency to reformation of character; (8)
efficiency in disabling from mischief; (9) subserviency to compensation;
(10) popularity, _i.e._, accordant to common approbation; (11)
remi