Outlines of Criminal Law: Based on Lectures Delivered in the University of Cambridge |
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Page 10
... shew that , from a practical point of view , the activity of the State in initiating criminal pro- secutions still leaves much to be desired . ( 5 ) It might , again , be expected that the two procedures could be distinguished by a ...
... shew that , from a practical point of view , the activity of the State in initiating criminal pro- secutions still leaves much to be desired . ( 5 ) It might , again , be expected that the two procedures could be distinguished by a ...
Page 34
... shew that Prevention is not the sole object of punishment . For were it so , then ( 1 ) an absolutely hardened and incorrigible offender ought to go scot - free , instead of being the most severely . punished of all . So that in a ...
... shew that Prevention is not the sole object of punishment . For were it so , then ( 1 ) an absolutely hardened and incorrigible offender ought to go scot - free , instead of being the most severely . punished of all . So that in a ...
Page 35
... shew again that deter- rence cannot be the sole object of punishment ; for punish- ment is thus inflicted where the ... shews that the principle of Ethical Retribution is not the only one 1 In Reg . v . Dudley and Stephens , L. R. 14 ...
... shew again that deter- rence cannot be the sole object of punishment ; for punish- ment is thus inflicted where the ... shews that the principle of Ethical Retribution is not the only one 1 In Reg . v . Dudley and Stephens , L. R. 14 ...
Page 55
... shew that one or other of those exemptive defects was also actually present . A man who after killing his child , goes forthwith to the police station to surrender himself , and 1 Hist . Cr . Law , II . 163 . 2 " Had the McNaughten ...
... shew that one or other of those exemptive defects was also actually present . A man who after killing his child , goes forthwith to the police station to surrender himself , and 1 Hist . Cr . Law , II . 163 . 2 " Had the McNaughten ...
Page 61
... shew that a man who has broken into a house has had no felonious intent , and so has not committed burglary . Similarly , where a woman who had jumped into a well was shewn to have been " so drunk as not to know what she was about ...
... shew that a man who has broken into a house has had no felonious intent , and so has not committed burglary . Similarly , where a woman who had jumped into a well was shewn to have been " so drunk as not to know what she was about ...
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Common terms and phrases
25 Vict Accordingly accused acquitted actually actus reus admissible appeal arrest assault Assizes bigamy burglary charge civil committed common law consequently constitute convicted crime criminal courts criminal law cross-examination Crown death defence English law fact false pretences felony forgery grand jury grievous bodily harm guilty Hale P. C. hard labour held Hence homicide House of Lords Ibid imprisonment indictable offences indictment inflicted Infra injury insanity instance intention judges justice kill King's Bench Division larceny libel Lord malice manslaughter mens rea ment merely misdemeanor murder oath obtaining offence ordinary owner party penal servitude penalty perjury person Pollock and Maitland possession present prisoner prisoner's proceedings prosecution prosecutor proved punishment Quarter Sessions question regarded render rule sentence servant shew shewn similarly statute statutory steal Stephen stolen sufficient Supra theft tort treason trial unlawful usually whilst witness
Popular passages
Page 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.
Page 54 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable...
Page 54 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 3 - A crime, or misdemeanor, is an act committed, or omitted, in violation of a public law, either forbidding or commanding it.
Page 229 - Geo. 4, c. 29, s. 47, which enacts, that " if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or servant, shall, by virtue of such employment, receive or take into his possession any chattel, money, or valuable security for or in the name or on the account of his master...
Page 99 - ... between Our Sovereign Lord the King and the prisoner at the bar, and would a true verdict give according to the evidence, so help him God!
Page 433 - ... they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the...
Page 272 - Thus a compassing of the death of the King was held to be sufficiently evidenced by the overt act of imprisoning him ; because, as Machiavelli had observed, ' between the prisons and the graves of princes the distance is very small.
Page 378 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 4 - The violation of a right when considered in reference to the evil tendency of such violation, as regards the community at large.