with malice aforethought also is treason, and the en of a house, whereby estroyed. Murder in the -hter, are punished with for ten years or for life. y, bigamy, and all other as "felonies," are purtate Prison for not less period, proportioned to -y other lesser offenses, neanors," are punished for not more than one ies and misdemeanors, both fine and impris udge. A person cons his right of suffrage ed by the Governor le.* NOTE. The distinction between crime and sin, as limiti power of society over the individual, has been strangely over] in all countries ruled by priests, without much distinction religion they taught. Nearly all of the supposed offenses pu by the Inquisition were those against God-certainly, they we against other men, or society. And in the Blue Laws of New colony, the Anti-Quaker laws of Plymouth and Massachusett the Blue Laws of New York, Maryland, Virginia and South lina (see Case, Tiffany & Co's edition, Hartford, 1838), curious statutes are recorded, fettering the freedom of though private conduct of individuals almost as thoroughly as the Le Law of Moses. But the early colonists "builded greater tha knew." Their mistakes are but trifles, when we consider the ent consequences of the principles they eliminated during th onial school-days of the nation, LESSON XXVII. OF THE RIGHTS OF ACCUSED PERSONS, NO. I. 290. Most of the crimes forbidden by our laws a like manner prohibited by the laws of Monarchical *Blackstone's Com., Book IV, 12. †Rom. xii: 19. See also Deut. xxxii: 35, 41; Ps. xciv: 1 Heb. x: 30. 290. What is the object of all American institutions? Is a person merely accused, but not convicted of crime, entitled to protection? Why he not be? What mistakes are liable to arise in making accusations? tyrannies threaten personal liberty under pretense of accusation of crim what two maxims is our whole criminal law based? Is the protection of. ernments, as also are many acts which a criminal in America. But in the Unite object of all our institutions is to protec A person who is merely accused, but not y of crime, is as much entitled to this prot other citizen. Why should he not be? E being is liable to be mistaken, and may wrong person of an offense against the la make a malicious accusation, or may ca to be arrested for an act which is not a the officers of the Government may seel individuals by false charges, unfair tr imprisonments, or cruel or unusual pu Hence an untold amount of suffering endu many ages by millions of innocent persons, crimes under Monarchical Governments. this, our whole system of criminal practice is the maxims that "every man is to be presum until he is proved to be guilty," and that " that a hundred guilty persons should escape, one innocent person should suffer." Hence anxiety to do no injustice, and the tender care rights extended by the law to each person a crime. This protection to such persons is o most striking peculiarities of the American sy neither is nor has been exhibited to the sam under any other form of government. 66 291. What are the provisions of the American tion on this subject? Art. III, Sec. 2, Clause 3 of the Federal Con reads: 66 The trial of all crimes except in case 291. Quote Art. III, Sec. 2, clause 3, of the Federal Constitution? Qu of the amendments? Art. V of the same? - which are not deemed ne United States the to protect the citizen but not yet convicted this protection as any t be? Every human and may accuse the inst the laws, or may I may cause a person h is not a crime. Or may seek to oppress infair trials, illegal usual punishments ring endured during persons, accused of ments. To prevent ractice is based upon › presumed innocent d that "it is better d escape, than that Hence the great nder care of all his person accused of ons is one of the rican system. It the same extent, erican Constitu al Constitution in cases of im tion? Quote Art. IV peachment shall be by jury; and such trial shall be in the State where the said crimes shall have been mitted; but when not committed within any State, trial shall be at such place or places as the Cong may by law have directed." Art. IV of the amendments to the Federal Constitu reads: "The right of the people to be secure in t persons, houses, papers and effects against unreason searches and seizures shall not be violated; and warrants shall issue but upon probable case, suppo by oath or affirmation, and particularly describing place to be searched, and the persons or things to seized." Art. V of those amendments reads: "No person shall be held to answer for a capital otherwise infamous crime, unless on a presentment indictment of a Grand Jury, except in cases arising in land or naval forces, or in the militia when in act service in time of war or public danger;* nor shall person be subject for the same offense to be twice pu jeopardy of life or limb; nor shall he be compelled any criminal case to be a witness against himself; be deprived of life, liberty or property without process of law." Art. VI of the amendments reads: "In all criminal prosecutions, the accused shall en the right to a speedy and public trial, by an impar jury of the State and district wherein the crime s have been committed, which district shall have b previously ascertained by law; and to be informed the nature and cause of the accusation; to be confro with the witnesses against him; to have compulsory *These cases are punished by 414 cess for obtaining witnesses in his favor; assistance of counsel for his defense." Art. VIII of the amendments reads: "Excessive bail shall not be required, fines imposed, nor cruel and unusual pu flicted." 292. In all the State Constitutions the princi quotations are adopted, and the laws made bo and the State Legislatures in accordance ther every person accused of crime the most throughout all the proceedings. A few of the are as follows: di four do Sals of "A crime or public offense is an act or bidden by law, and to which is annexed upo either of the following punishments: first, de imprisonment; third, fine." "Public offenses are divided into felonie demeanors." "A felony is a public offense, punishable or by imprisonment in a State Prison." "Every other public offense is a misdeme "No person can be punished for a public cept upon legal conviction in a Court havin tion thereof." "In every crime or public offense, there n union or joint operation of act and intentio inal negligence." Int pile 292. What is the legal definition of a crime? How are p divided? What is a felony? What is a misdemeanor? Can any ishable for a public offense except on conviction in a competent two elements are required to constitute a public offense? Are criminal which result from accident or misfortune, or are not pro design or culpable negligence? Why are his favor; and have the fense." s the principles of the abor es made both by Congress dance therewith secure to the most perfect justi few of these provisions 3 an act or omission for conviction nexed upon ts: first, death; second, to felonies and mis unishable with death ɔn." misdemeanor." a public offense exurt having jurisdic there must be an intention or crim How are public offenses competent court? What ense? Are acts deemed re not prompted by evil punished alike? What Aggrant crimes? "All acts committed by misfortune or accident s not be deemed criminal, where it satisfactorily appe that there was no evil design or culpable negligenc "No person who is an idiot or lunatic, or who under fourteen years of age, shall be found guilty punished for any crime.* "All penalties ought to be proportioned to t nature of the offense. No wise Legislature will a the punishment to crimes of theft, forgery and the li which they do to murder and treason. Where the sal undistinguishable severity is exerted against all offens the people are led to forget the real distinctions in t crimes themselves, and to commit the most flagrant wi as little compunction as they do the lightest offens For the same reason a multitude of sanguinary laws both impolitic and unjust, the true design of all punis ments being to reform, not to exterminate mankind. The time after the commission of offenses, with which a prosecution must be commenced, is limited law to three years, in the case of all felonies exce murder, and to one year in the case of misdemeano 293. All judicial proceedings are protected the solemn oath or affirmation of all who take pa in them. The judges, grand and petit jurors, lawye district attorney, clerk, sheriff, complainant, witness and reporters, are all sworn according to law to perfo their respective duties honestly, faithfully and tru Even if the oath fails to bind the conscience of any them, which rarely happens, the person so failing liable to punishment for perjury. *See Statutes of California, "Criminal Practice." 293. What is the use and purpose of the |