A History of the Criminal Law of England, Volum 3Macmillan, 1883 |
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Side 28
... severe action , herself captured , the captain and crew would not be guilty of piracy , for their act done on land would have been not robbery , but an assault with intent to rob , even though it might have been accom- panied by murder ...
... severe action , herself captured , the captain and crew would not be guilty of piracy , for their act done on land would have been not robbery , but an assault with intent to rob , even though it might have been accom- panied by murder ...
Side 81
... severity of the punishment awarded to it . On the other hand , the sentence of the law is to the moral sentiment of the public in relation to any offence what a seal is to hot wax . It converts into a permanent final judg- ment what ...
... severity of the punishment awarded to it . On the other hand , the sentence of the law is to the moral sentiment of the public in relation to any offence what a seal is to hot wax . It converts into a permanent final judg- ment what ...
Side 87
... severity to leniency ; and a change from a system , which , except in cases of misdemeanour , left no discretion at all to judges , to a system under which unlimited discretion is left to judges in all cases except those which are still ...
... severity to leniency ; and a change from a system , which , except in cases of misdemeanour , left no discretion at all to judges , to a system under which unlimited discretion is left to judges in all cases except those which are still ...
Side 88
... severe , the power of pardon was always regarded as supplementary to it , and as supplying that power of mitigating sentences of death which the words of the law refused . The strongest and best marked instance of this occurred in what ...
... severe , the power of pardon was always regarded as supplementary to it , and as supplying that power of mitigating sentences of death which the words of the law refused . The strongest and best marked instance of this occurred in what ...
Side 91
... severity of the old law has been succeeded by a sentiment which appears to me to be based upon the notion that the passions of hatred and revenge are in themselves wrong ; and that therefore revenge should be eliminated from law as ...
... severity of the old law has been succeeded by a sentiment which appears to me to be based upon the notion that the passions of hatred and revenge are in themselves wrong ; and that therefore revenge should be eliminated from law as ...
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A History of the Criminal Law of England, Volum 3 James Fitzjames Stephen Uten tilgangsbegrensning - 1883 |
A History of the Criminal Law of England: By Sir James ..., Volumer 1-3 James Fitzjames Stephen Uten tilgangsbegrensning - 1883 |
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accessory answers authority benefit of clergy Bracton clergy Code Coke commission committed common law compulsion conduct conspiracy convicted crime criminal law death defendant definition disease doctrine doubt ecclesiastical courts Edward III effect enacted England English Erskine existence expression extradition fact felony foreign guilty Hale Henry Henry VIII heresy heretics high treason imprisonment indictment inflicted instance intention judges jurisdiction jury justice kill king king's law of England legislation liable Lord Lord Mansfield madness malice mania matter means melancholia mens rea ment mental mind misdemeanour moral motives murder nature observed offence opinion overt act Parliament particular passed person political practice principle prisoner prosecution provisions published punishment question referred regarded reign relating seditious libel sentence ship Star Chamber statute Strafgesetzbuch supposed tion trial verdict voluntary action words wrong XXIV
Populære avsnitt
Side 158 - ... 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.
Side 343 - That, on every such trial, the jury sworn to try the issue may give a general verdict of Guilty or Not Guilty upon the whole Matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information...
Side 69 - A fugitive criminal shall not be surrendered to a foreign State unless provision is made by the law of that State, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty's dominions, be detained or tried in that foreign State for any offence committed prior to his surrender other than the extradition crime proved by the facts on which the surrender is grounded...
Side 225 - A conspiracy, it is said,f consists not merely in the intention of two or more, but in the agreement of two or more, to do an unlawful act or to do a lawful act by unlawful means.
Side 300 - ... any false news or tales, whereby discord, or occasion of discord, or slander may grow between the king and his people, or the great men of the realm ; and he that doth so, shall be taken and kept in prison, until he hath brought him into the court who was the first author of the tale.
Side 163 - To establish a defence on the ground of insanity it must be clearly proved that, at the time of committing 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 that what he was doing was wrong.
Side 48 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Side 120 - Knowledge that the act which causes death will probably cause the death of, or grievous bodily harm to, some person, whether such person is the person actually killed or not, although such knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused.
Side 158 - ... not, as we conceive, so accurate when put generally and in the abstract, as when put with reference to the party's knowledge of right and wrong in respect to the very act with which he is charged.
Side 149 - No act is a crime if the person who does it is at the time when it is done prevented [either by defective mental power or] by any disease affecting his mind ' (a) From knowing the nature and quality of his act, or ' (&) From knowing that the act is wrong [or ' (c) From controlling his own conduct, unless the absence of the power of control has been produced by his own default].