Philosophy of Criminal LawKay & Bro., 1880 - 326 páginas |
Dentro del libro
Resultados 1-5 de 55
Página 2
... commission of future crimes ? So has it been argued . Damages in civil actions , it is urged , are generally only compensatory for past injuries . This is enough by way of compensation , but it is not enough for prevention . The State ...
... commission of future crimes ? So has it been argued . Damages in civil actions , it is urged , are generally only compensatory for past injuries . This is enough by way of compensation , but it is not enough for prevention . The State ...
Página 9
... commission of crime ; " and again ( Ibid . 31 ) , " no punishments greater than are neces- sary to effect this work of prevention ought to be inflicted , and that those which produce it by uniting reforma- tion with example are the best ...
... commission of crime ; " and again ( Ibid . 31 ) , " no punishments greater than are neces- sary to effect this work of prevention ought to be inflicted , and that those which produce it by uniting reforma- tion with example are the best ...
Página 35
... commission is not made the subject of indictment . If a statute prohibit a matter of public grievance , or command a matter of public convenience , all acts or by statute . omissions contrary to the prohibition or command of the statute ...
... commission is not made the subject of indictment . If a statute prohibit a matter of public grievance , or command a matter of public convenience , all acts or by statute . omissions contrary to the prohibition or command of the statute ...
Página 42
... commission not the ob- ject of prosecution , or to a penalty for an indictable act higher than was at- tached to such act at the time of its commission . Const . U. S. art . 1 , §§ 9 , 10 ; 2 Story on Const . § 1345 ; Coo- ley's Const ...
... commission not the ob- ject of prosecution , or to a penalty for an indictable act higher than was at- tached to such act at the time of its commission . Const . U. S. art . 1 , §§ 9 , 10 ; 2 Story on Const . § 1345 ; Coo- ley's Const ...
Página 43
... commission of an offence have no application to such offence.1 But this cannot be extended so far as to authorize a court to impose the death penalty when such penalty has been abolished by the legislature , or to assign a longer ...
... commission of an offence have no application to such offence.1 But this cannot be extended so far as to authorize a court to impose the death penalty when such penalty has been abolished by the legislature , or to assign a longer ...
Otras ediciones - Ver todas
Términos y frases comunes
absolute theory accessary agent assailant assault attempt cause charged cited cognizable commission committed common law constitute convicted courts Cox C. C. Crim crime criminal criminal wrongs dangerous death defence delirium tremens distinction dolus drunkenness duty effect English eral evidence exclusive execution fact federal felony fence guilty habeas corpus Hale Hawk held homicide Humph husband Ibid impulse imputable indictable indictable offence inflicted infra injury insanity instigator intent intoxication irresistible impulse judge jurisdiction jury justice kill larceny liable malice manslaughter Mass ment misdemeanor moral murder negligence object offence Ohio St omission Parker C. R. particular party penal penal law penalty Penn perjury perpetrator person Prac premeditation present principal prisoner prosecution proved punishment question responsible Roman law rule Russ sanity scienter second degree self-defence Stat statute supposed supra theory tion trial United unlawful Whart wife wound wrong
Pasajes populares
Página 54 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Página 55 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Página 257 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Página 64 - There may be an unseen ligament pressing on the mind, drawing it to consequences which it sees, but cannot avoid, and placing it under a coercion, which, while its results are clearly perceived, is incapable of resistance. The doctrine which acknowledges this mania is dangerous in its relations, and can be recognized only in the clearest cases. It ought to be shown to have been habitual, or at least to have evinced itself in more than a single instance.
Página 273 - States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States, or of an order, process, or decree of a court or judge thereof; or is in custody in violation of the Constitution or of a law or treaty of the United States; or, being a subject or citizen of a foreign state, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption...
Página 248 - An accessory after the fact is one who knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon.
Página 256 - States may, under their general powers, constitute, one only — the Supreme Court — possesses jurisdiction derived immediately from the constitution, and of which the legislative power cannot deprive it. All other courts created by the general government possess no jurisdiction but what is given them by the power that creates them, and can be vested with none but what the power ceded to the general government will authorize them to confer.
Página 77 - However criminal, in a moral point of view, such an indulgence is, and however justly a party may be responsible for his acts arising from it to Almighty God, human tribunals are generally restricted from punishing them, since they are not the acts of a reasonable being.
Página 30 - As the government of the United States of America is not in any sense founded on the Christian religion — as it has in itself no character of enmity against the laws, religion or tranquillity of...
Página 265 - States, that nothing in that act contained should be construed to deprive the courts of the individual states of jurisdiction, under the laws of the several states, over offences made punishable by that act.