Philosophy of Criminal Law

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Kay & Bro., 1880 - Criminal law - 326 pages
 

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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 55 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 255 - And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States...
Page 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.
Page 271 - 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...
Page 246 - An accessory after the fact is one who knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon.
Page 254 - 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.
Page 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.
Page 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...
Page 263 - 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.

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