I don't want some dangerous criminal living next door.
His brother was brought in and finally confessed, professing he had no knowledge of Jude's criminal activities.
The criminal must be taken in the act, e.g.
I feel like a criminal driving over these beautiful plants and flowers.
His reputation was made in four great criminal cases - those of Abel F.
How could you let a little girl be alone with a convicted criminal long enough to be kidnapped?
But what Lydia suggested he was up to was the worst kind of criminal sexual harassment.
It was criminal - robbing others of their dignity that way.
The ordinary judicial system of France comprises two classes of courts: (I) civil and criminal, (2) special, including courts dealing only with purely commercial cases; in addition there are the administrative courts, including bodies, the Conseil dEtat and the Conseils de Prefecture, which dGal, in their judicial capacity, with cases coming under the droit administratif.
But he could not try criminal matters unless specially committed to him (Lyndwood, Provinciale, lib.
"The criminal who now sits before the court licking her paws," resumed the Woggle-Bug, "has long desired to unlawfully eat the fat piglet, which was no bigger than a mouse.
In the criminal law the ruling principle was the lex talionis.
Why, they'll have you in the criminal court....
Since by international agreement the wilful damage of a cable has been constituted a criminal offence, and the cable companies have avoided crossing the fishing banks, or have adopted the wise policy of refunding the value of anchors lost on their cables, the number of such fractures has greatly diminished.
In order to relieve the circuit judges the legislature has established by special acts inferior courts, generally with criminal jurisdiction only, in nine counties of the state.
When sitting in its capacity as a criminal court it is known as the tribunal correctionnel.
The criminal jurisdiction thus exercised was generally speaking unlimited.
Yes, I will throw you back beyond the Dvina and beyond the Dnieper, and will re- erect against you that barrier which it was criminal and blind of Europe to allow to be destroyed.
Their only obligation to the Turkish government is to furnish a contingent in time of war; the only law they recognize is either traditional custom(adet) or the unwritten Kanun-i Leks Dukajinit, a civil and criminal code, so called from its author, Leka Dukajini, who is supposed to have lived in the 13th or 14th century.
He passed his time in feasts and pageants, while in a bull the pope denounced him as a criminal, a pagan and a heretic, until, terrified by a slight disturbance on the 15th of December, he abdicated and fled from Rome.
Florence after the date 1292, it becomes criminal to be scioperato, or unemployed in industry.
The European ferment of ideas which preceded the French Revolution expressed itself in men like Alfieri, the fierce denouncer of tyrants, Beccaria, the philosopher of criminal jurisprudence, Volta, the physicist, and numerous political economists of Tuscany.
But jurisdiction which was not necessarily incident to the office of the official principal, that is to say voluntary jurisdiction, such as the granting of licences and institution to benefices, and criminal jurisdiction over clerks (and probably over laymen), the bishop could reserve to himself.
Under Hollywood's production code at the time, movies could not include nudity, criminal activity, or offensive language, or depict illegal drug use, venereal disease, or childbirth.
Not only did his reason not reproach him for what he had done, but he even found cause for self-satisfaction in having so successfully contrived to avail himself of a convenient opportunity to punish a criminal and at the same time pacify the mob.
You have to be inventive, try to get into the criminal mind, think of all the angles....
He remained content to leave such criminal havoc in the hands of the police.
Its function is to examine criminal cases and to decide whether they shall be referred for trial to the lower courts or the cours dassises.
It is more important to observe that under Joseph and his ministers or advisers, including the Frenchmen Roederer, Dumas, Miot de Melito and the Corsican Saliceti, great progress was made in abolishing feudal laws and customs, in reforming the judicial procedure and criminal laws on the model of the Code Napoleon, and in attempting the beginnings of elementary education.
In the English criminal law, where corporal punishment is ordered by the court for certain criminal offences, the "cat" is used only where the prisoner is over sixteen years of age.
He wasn't a criminal, a thief, or murderer but someone who happened to have a bone to pick with Romas's brother and managed to get caught.
The contracts naturally do not concern such criminal cases as the above, as a rule, but marriage contracts do specify death by strangling, drowning, precipitation from a tower or pinnacle of the temple or by the iron sword for a wife's repudiation of her husband.
Another criminal, thin and pale, stood near.
How could he think she would go along with something so criminal?
The woman is a criminal!
This generally involves solitary confinement of the most rigorous nature, and, as little is done to occupy the mind, the criminal not infrequently becomes insane.
How far the official principal had jurisdiction in criminal matters by virtue of his office, how far it was usual to add this jurisdiction by special commission, and what were the respective limits of his office and that of the vicar-general, are questions of some nicety.
" Greater causes " came in France to be restricted to criminal prosecutions of bishops.
In the matter of criminal jurisdiction we paused for a moment at the edict of Milan; but we may at once trace this second or civil branch of episcopal judicature or quasi-judicature down as far as the reign of Charlemagne, when it underwent a fundamental change, and became, if either litigant once chose, no longer a matter of consent but of right.
The judges have appellate jurisdiction of cases civil and criminal coming up from the lower courts.
And I," continued Pierre, "shot Dolokhov because I considered myself injured, and Louis XVI was executed because they considered him a criminal, and a year later they executed those who executed him--also for some reason.
The first of these, based on the English model, are the courts of the elected justices of the peace, with jurisdiction over petty causes, whether civil or criminal; the second, based on the French model, are the ordinary tribunals of nominated judges, sitting with or without a jury to hear important cases.
The commissioners on criminal law (sixth report) remark that "although the law forbids all denial of the being and providence of God or the Christian religion, it is only when irreligion assumes the form of an insult to God and man that the interference of the criminal law has taken place."
Campbell also devoted himself a good deal to criminal business, but in spite of his unceasing industry he failed to attract much attention behind the bar; he had changed his circuit from the home to the Oxford, but briefs came in slowly, and it was not till 1827 that he obtained a silk gown and found himself in that "front rank" who are permitted to have political aspirations.
"Louis XVI was executed because they said he was dishonorable and a criminal," came into Pierre's head, "and from their point of view they were right, as were those too who canonized him and died a martyr's death for his sake.
Ecclesiastical immunities, such as reservation of the criminal cases of the clergy, exemption from military service and other privileges, are expressly maintained in a certain number of pacts.
On the 15th of July, in spite of the order of the Convention, he was brought before the criminal tribunal of the Rhone-et-Loire, condemned to death, and guillotined the next day.
The principal function of these courts is the hearing of appeals both civil and criminal from the courts of first instance; only in.
Why was Napoleon III a criminal when he was taken prisoner at Boulogne, and why, later on, were those criminals whom he arrested?
That a criminal was reared among male factors mitigates his fault in our eyes.
He was out-voted by his council on the question of commutation of tithes, and his enlightened zeal for reforming the "wicked and abominable" sentences of the criminal law met with complete failure.
As neighbouring dioceses coalesced into " provinces " and provinces into larger districts (corresponding to the civil " dioceses " of the later Roman Empire), the provincial synods of bishops and the synods of the larger districts acquired a criminal jurisdiction, still purely spiritual, of their own.
The penalty for false witness was usually that which would have been awarded the convicted criminal.
The subject matter over which the ecclesiastical courts had jurisdiction was no longer purely " criminal " with a civil quasijurisdiction by way of arbitration.
In regard to " clerks," there was (1) all the criminal jurisdiction which existed over laymen, and (2) criminal jurisdiction in regard to professional misconduct.
c. 85) gave criminal jurisdiction over beneficed clerks (concurrent with ' that of the tribunal under 3 & 4 Vict.
In 1831 the pope enacted that in all the dioceses of the then Pontifical States, the court of first instance for the criminal causes of ecclesiastics should consist of the ordinary and four other judges.
In the Roman communion in England and the United States, there are commissions of investigation appointed to hear in first instance the criminal causes of clerks.
In some " missionary" dioceses, the metropolitan, qua metropolitan, has a separate commission of investigation, to try the criminal causes of clerks, sentence being passed by himself of his vicar-general (ib.
Any poisonous substance that is not included in the schedules can be sold by anyone, as, for instance, red lead, sulphate of copper, &c. The duty of the Pharmaceutical Society is a purely legal one, and relates only to the schedules of poisons framed by the government to protect the public by rendering it a difficult matter to obtain the poisons most frequently used for criminal purposes.
There are civil, commercial and criminal courts in Montevideo, a departmental court in each departmental capital, and a justice of the peace in each of 205 judicial districts into which the republic is divided, with sub-district courts under deputy judges in addition.
Justice is administered from a written civil and criminal code.
3 In all civil cases involving less than 30 roubles, and in criminal cases punishable by no more than three days' arrest, his judgment is final.
The district court, sitting with a jury, can try criminal cases without appeal, but only by special leave in each case of the court of appeal.
The senate, as supreme court of cassation, has two departments, one for civil and one for criminal cases.
On the Congo, if a man commits a murder, the community votes whether he shall die or be expelled; if the latter, a victim is killed, of which all must partake; but this is not, as might be imagined, a case of Robertson Smith's piaculum for the re-establishment of the tribal bond; for the criminal is driven out of the community.
Arthur, chief of the Brotherhood, a party, and called Rule 1 2, forbidding engineers to haul the freight, criminal.
In a criminal charge, a proces-verbal is a statement of the facts of the case.
It was probably the lex Valeria of 300 B.C. that made him subject to the right of criminal appeal (provocatio) within the limits of the city.
The State Hospital at Morganton, opened in 1883, completed in 1886, and intended for the use of the western part of the state, is perhaps the best equipped institution of its kind south of the Potomac. In 1901 a department for criminal insane was opened in a wing of the state prison at Raleigh.
He alone transacts the business which occupies all the magistrates and councils of Venice, both civil and criminal; and all state affairs are managed by him, let their nature be what it may.
They are sincerely devout in religion, and feel an awe regarding "the holy Brahmans," holding the life and the person of a Brahman sacred, even though he be a criminal of the deepest dye.
The clergy having thus another authority, and one moreover more canonical, to appeal to, the power of the archdeacons gradually declined; and, so far as the Roman Catholic Church is concerned, it received its death-blow from the council of Trent (1564), which withdrew all matrimonial and criminal causes from the competence of the archdeacons, forbade them to pronounce excommunications, and allowed them only to hold visitations in connexion with those of the bishop and with his consent.
He names all the judges for criminal and civil cases, other than the juges de paix (magistrates) and the judges of the Cour de cassation, without having the power to discharge them."
The king, Charles IV., looked on helplessly at the ruin wrought by the subservience of his kingdom to France since 1796, and he was seemingly blind to the criminal intrigues between his queen and the prime minister Godoy.
In 1772 the king's marriage with Caroline Matilda, who had been seized and had confessed to criminal familiarity with Struensee, was dissolved, and the queen, retaining her title, passed her remaining days at Celle, where she died on the 11 th of May 1775.
The Civil Code, issued 1852, the Criminal Code in 1869 and the Revised Statutes in 1879, have several times been amended and published in new editions.
The ostracized person was compelled to leave Athens for ten years, but he was nOt regarded as a traitor or criminal.
The province of the court included all acts and contracts between burgesses, and extended to criminal cases in which burgesses were involved.
He is also to be credited with the abolition of the gladiatorial shows in 404 (although there is said to be evidence of their existence later), a reduction of the taxes, improvements in criminal law, and the reorganization of the defensores civitatum, municipal officers whose duty it was to defend the rights of the people and set forth their grievances.
By the Central Criminal Court Act 1834, cognizance of crimes committed within the jurisdiction of the admiralty was given to the central criminal court.
See also the Criminal Law Consolidation Acts of 1861.
The aristocratic council of the Areopagus constituted the chief criminal court, and nominated the magistrates, among whom the chief archon passed judgment in family suits, controlled admission to the genos or clan, and consequently the acquisition of the franchise.
The first attack upon the aristocracy proceeded from a young noble named Cylon, who endeavoured to become tyrant about 630 B.C. The people helped to crush this movement; yet discontent must have been rife among them, for in 621 the Eupatrids commissioned Draco, a junior magistrate, to draft and publish a code of criminal law.
The first part of the commission's work, consisting of a code of civil procedure, was reported and enacted in 1848, and by the 1st of January 1850 the complete code of civil and criminal procedure was completed, and was subsequently enacted by the legislature.
Eventually the civil code with some changes was adopted in twenty-four states, and the criminal code in eighteen, and the whole formed a basis of the reform in procedure in England and several of her colonies.
The penal code of November 1821 abolished many odious customs and punishments of the old code, and allowed publicity in criminal trials.
Under this system the crimes in a given district were always committed by strangers rendering identification of the criminal difficult and escape easy.
Gowen (1836-1889), president of the Philadelphia and Reading Coal and Iron Company, sent James McParlan, an Irish Catholic and a Pinkerton detective (who some thirty years later attracted attention in the investigation of the assassination of Governor Steunenberg of Idaho), to the mining region in 1873; he joined the order, lived among the "Molly Maguires" for more than two years, and even became secretary of the Shenandoah division, one of the most notoriously criminal lodges of the order.
As witness, the slave was still subject to the question; as criminal, he was punished with greater rigour than the freeman.
The sources of slavery were there, as elsewhere, capture in war, voluntary sale by poor freemen of themselves, sale of insolvent debtors, and the action of the law in certain criminal cases.
He opposed the reactionary measures of the Tory government, supported and afterwards succeeded Romilly in his efforts for reforming the criminal code, and took a leading part both in Catholic emancipation and in the Reform Bill.
The creation of a railroad commission was ordered and the preparation of a code of criminal law.
In 18 2r the legislature authorized Livingston to prepare the " Livingston Code " of criminal law and procedure, completed in 1824 (in French and English) and published in 1833, but never adopted by the state.
English law has largely moulded, for example, criminal and commercial law and the law of evidence; the development of the law of corporations, damages, prohibitions and such extraordinary remedies as the mandamus has been very similar to that in other states; while in the fusion of law and equity, and the law of successions, family relations, &c., the civil law of Spain and France has been unaffected.
Commercial and criminal codes, as well as codes of procedure, were drawn up, largely on the basis of the Code Napoleon.
The judicial department comprises a supreme court consisting of a chief justice and (since 1881) four associate justices elected for terms of six years, and lower courts consisting of district courts with original jurisdiction in civil cases in law and equity, and in criminal cases upon indictments by grand juries; justices' courts, in which the amount in litigation cannot exceed $ioo, or the punishment cannot exceed three months' imprisonment or a fine of $loo; and of municipal and probate courts with the usual jurisdictions.
Farther north, along the line of the former town wall, are the criminal law courts (1879-1882, enlarged 1893) and the civil law courts (finished in 1901).
The offence is one of purely ecclesiastical cognizance, and not punishable by the criminal law.
(a) Hitherto, the list of jurymen for service in the majority of processes, both civil and criminal, had been composed exclusively of senators.
Together with the kings and ephors it formed the supreme executive committee of the state, and it exercised also a considerable criminal and political jurisdiction, including the trial of kings; its competence extended to the infliction of a sentence of exile or even of death.
He may be impeached before the senate for his official acts and suspended from office, or tried by the supreme tribunal for criminal offences.
granting them to such persons as were willing to undertake their settlement, with unlimited powers of jurisdiction, both civil and criminal.
A governor-general was appointed, with full powers, civil and criminal.
During the session of 1830 the chambers adopted a criminal code in which punishment by death for political offences was abolished.
C. Norton brought against the Whig premier for criminal conversation with his wife.
On the other hand, at nisi prius and on the criminal circuit, he was accused of frequently attempting unduly to influence juries in their estimate of the credibility of evidence.
The magistrates have both civil and criminal jurisdiction in minor cases.
Criminal cases are tried before a single judge and a jury of nine - of whom not fewer than seven determine the verdict.
In native cases the chiefs have civil jurisdiction in disputes among their own tribesmen and criminal jurisdiction over natives except in capital cases, offences against the person or property of non-natives, pretended witchcraft, cases arising out of marriages by Christian rites, &c. An appeal lies to a magistrates' court from every judgment of a native chief, and from the magistrates' judgment on such appeal to a native high court.
7) every civil and criminal case could be brought.
On 1st January 1900 a new criminal code, thoroughly modern in spirit, was put in force; and in 1901 a Civil Code Bill, to replace the old Hungarian customary system, was introduced.
There is a provincial division of the Supreme Court of South Africa sitting at Pretoria (consisting of a judge president and six puisne justices) with original and appellate jurisdiction in civil and criminal matters.
A local division of the Supreme Court, formerly known as the Witwatersrand high court (consisting of one or more judges of the Supreme Court) sits permanently at Johannesburg and has civil and criminal jurisdiction throughout the Rand.
So far as regards criminal offences, the maxim as to ignorantia juris admits of no exception, even in the case of a foreigner temporarily in England, who is likely to be ignorant of English law.
In the territories there are civil and criminal courts of first instance, and municipal courts.
The administration of the civil and criminal law involves frequent relations with medicine, and the professional subjects most likely to arise in that connexion, together with a summary of causes celebres, are formed into the department of Medical Jurisprudence.
In 1791 he became vice-president of the criminal tribunal of Paris.
xix., 1909), an annual publication of the London County Council, which besides these divisions shows " Water London," the London main drainage area, and the Central Criminal Court district.
The arrangements of quarter-sessions, justices, coroners, sheriffs, &c., were thus brought into line with other counties, except in so far as the ordinary organization is modified by the existence of the central criminal court, the metropolitan police, police courts and magistrates, and a paid chairman of quarter-sessions.
The chief courts for the trial of criminal cases are the Central Criminal Court and the Court of Quarter-sessions.
Criminal Court, taking the place of the provincial Courts.
For several years after 1814 he was a school teacher, but in February 1821 he was admitted to the Ohio bar and soon obtained a large practice, particularly in criminal cases.
Breach of the obligation is treated as a criminal offence, and is prosecuted by indictment.
The Shan States Act of 1888 vests the civil, criminal and revenue administration in the chief of the The Shan state, subject to the restrictions specified in the sanad States.
The superintendents exercise general control over the administration of criminal justice, and have power to call for cases, and to exercise wide revisionary powers.
Criminal jurisdiction in cases in which either the complainant or the defendant is a European, or American, or a government servant, or a British subject not a native of a Shan State, is withdrawn from the chiefs and vested in the superintendents and assistant superintendents.
In the Myelat division of the southern Shan States, however, the criminal law is practically the same as the law in force in Upper Burma, and the ngwegunhmus, or petty chiefs, have been appointed magistrates of the second class.
We find roughly 419 paragraphs devoted to criminal law and 1 The Judicia civitatis Lundoniae are a gild statute confirmed by King Ã†thelstan.
Of the criminal law clauses, as many as 238 are taken up with tariffs of fines, while 80 treat of capital and corporal punishment, outlawry and confiscation, and to' include rules of procedure.
Savonarola also proposed a court of appeal for criminal and political crimes tried by the Otto di guardia e balia; this too was agreed to, but the right of appeal was to be, not to a court as Savonarola suggested, but to the Greater Council, a fact which led to grave abuses, as judicial appeals became subject to party passions.
From it we pass without a break, merely narrowing the application as the conception of sacredness grew clearer and less associated with magic, into early criminal law with its physical sanctions.
The news of the failure of the French arms in Belgium gave rise in Paris to popular movements on the 9th and 10th of March 1793, and on the 10th of March, on the proposal of Danton, the Convention decreed that there should be established in Paris an extraordinary criminal tribunal, which received the official name of the Revolutionary Tribunal by a decree of the 29th of October 1793.
The lord's court took the place of the public court in civil, and even by degrees in criminal cases.
Thus by the New York Code of Criminal Procedure the governor of the state of New York has power to grant reprieves, commutations and pardons, except in the case of treason, where he can only suspend the execution of the sentence until the case can be reported to the legislature, with whom the power of pardon in this case rests.
des Volkes, led to his being deprived of the venia legendi (1868) and also to a criminal process, which, however, resulted in his acquittal (May 1869).
The leading Peruvian authors on constitutional and legal subjects are Dr Jose Santistevan, who has published volumes on civil and criminal law; Luis Felipe Villaran (subsequently rector of the university at Lima), author of a work on constitutional right; Dr Francisco Garcia Calderon (once president of Peru), author of a dictionary of Peruvian legislation, in two volumes; Dr Francisco Xavier Mariategui, one of the fathers of Peruvian independence; and Dr Francisco de Paula Vigil (1792-1875), orator and statesman as well as author, whose work, Defensa de los gobiernos, is a noble and enlightened statement of the case for civil governments against the pretensions of the court of Rome.
have reference to the ars politica: they contain rules for the education of a prince and a summary of the forms, terms and statutes of canonical, civil and criminal law.
The next few years saw the introduction, under successive ministries, of Liberal reforms in the constitution, in criminal and civil law, and in education.
and challenging "the most inveterate of his enemies to produce any instance of his criminal correspondence."
Its place is now taken by the Central Criminal Intelligence department.
The foreign-born are more numerously represented among the criminal, defective and dependent classes than their numerical strength would justify.
Trial by jury for criminal cases was established in 1829.
The police were reorganized with proper pay, criminal laws were rigorously xvIl.
Many details in the administration-of the law, and particularly of the criminal law, were improved.
But Constance refused to give up to the Swiss the right of exercising criminal jurisdiction in the Thurgau, which it had obtained from the emperor in 1417, while the Austrians, having bought Bregenz (in two parts, 1451 and 1523), were very desirous of securing the well-placed city for themselves.
The judicial system, revised by a constitutional amendment of 1891, consists of a supreme court of three members, elected for a term of six years, with civil jurisdiction only, largely appellate; a court of criminal appeals, of three members, elected for six years, with appellate jurisdiction in criminal cases; courts of civil appeals (number determined by the legislature) of three members each, elected for six years; district courts, each with one judge, elected for four years, with original jurisdiction in the more important civil and criminal (felony) cases and a limited appellate jurisdiction; county and justice of the peace courts with original jurisdiction in misdemeanours and petty civil cases.
The district court has general, original and exclusive jurisdiction in all matters civil, criminal and probate not expressly conferred on an inferior court, and may hear appeals from inferior courts, boards or officers.
It comprised the following items: the formation of a constitution which would strengthen the monarchy by calling to it the support of the whole nation, the drafting of a scheme of local self-government on democratic lines, the reform of the administration of justice and of the criminal law, and the abolition of the most burdensome of feudal and class privileges.
He was further entrusted by Augustus with a summary criminal jurisdiction over slaves and rioters, which was, however, gradually extended till in the time of Severus or even earlier it embraced all offences by whomsoever committed.
Further, the praetorian praefect acquired, in addition to his military functions, a criminal jurisdiction, which he exercised not as the delegate but as the representative of the emperor, and hence it was decreed by Constantine (331) that from the sentence of the praetorian praefect there should be no appeal.
He exercised criminal jurisdiction in cases of incendiarism and offences committed against the law during the night, and in later times this jurisdiction was considerably extended.
These prefects were at first soldiers, but later mostly lawyers who relieved the emperors of various civil and criminal jurisdiction.
Also it is to be said that with the single exception of religious toleration the record of the state in devotion to human rights has been from the first a splendid one, whether in human principles of criminal law, or in the defence of the civil rights commonly declared in American constitutions.
They acted as councils to the governors, and had civil and criminal jurisdiction with an appeal to the council of the Indies at Seville.
Schenkel, that dogma is what is enforced by civil and criminal law.
In the same year he was chosen a member of the first state legislature of California, in which he drew up and secured the enactment of two bodies of law known as the Civil and Criminal Practices Acts, based on the similar codes prepared by his brother David Dudley for New York.
Here you find articles in the encyclopedia on topics related to criminal law.
His reign was remarkable for its manifold and far-reaching reforms. Sweden's existing communal law (1862), ecclesiastical law (1863) and criminal law (1864) were enacted appropriately enough under the direction of a king whose motto was: "Build up the land upon the laws!"
Tne supreme court has general jurisdiction in law and equity, including all actions both civil and criminal.
There were also in 1910 two hospitals for the criminal insane, at Matteawan and Dannemora.
He had civil and criminal jurisdiction within the boundaries of his estate; he could create offices, found cities, and appoint officers and magistrates, and, although the charter permitted an appeal from his court to the directorgeneral and council in any case in which the amount in dispute exceeded fifty guilders ($20), some of the patroons exacted from their colonists a promise not to avail themselves of the privilege.
They have original jurisdiction in all cases in equity, in all cases at law which involve the title or possession of real property, or the legality of a tax, impost, assessment, toll or municipal fine, and in all other cases at law in which the amount in controversy is $loo or more, in nearly all criminal cases, in matters of probate, in proceedings for divorce, and in various other cases; and they have appellate jurisdiction of cases originally tried before a justice of the peace or other inferior courts where the amount in controversy is more than $20.
For judicial purposes the province is divided into twenty-four divisions, in each of which is a resident magistrate, who has limited civil and criminal jurisdiction.
There are also special justices of the peace, having criminal jurisdiction in minor cases.
The provincial court has jurisdiction in all civil and criminal matters, and is a court of appeal from all inferior courts.
Criminal cases are tried before one judge and a jury of nine, who must give a unanimous opinion.
These courts have original jurisdiction in cases at law and in equity in which the value in controversy exceeds $50, in criminal cases amounting to felony, in all matters of probate, in actions for divorce, &c., and appellate jurisdiction in cases arising in the inferior courts.
The supreme court of law for both civil and criminal cases is the Oberlandesgericht at Dresden, subordinate to which are seven other courts in the other principal towns.
but "criminal proceedings by the crown" cannot be referred under it (ss.
7 of this last statute excludes from submission to arbitration criminal cases, so far as prosecution and punishment are concerned, and, without the special leave of the court, matters relating to status, matrimonial causes, and matters affecting minors or other perons under legal disability; Trinidad and Tobago, No.
The normal processes of criminal jurisdiction were consequently restored.
The court has original jurisdiction in probate cases, in civil cases involving $1000 or less, and in criminal cases below the grade of felony.
He demanded the nationalization of the possessions of the clergy, and the right of all citizens to carry arms. After the dissolution of the Constituent Assembly, Buzot returned to Evreux, where he was named president of the criminal tribunal.
In a criminal process it signifies the acquittal of an accused person on the ground that the evidence has either disproved or failed to prove the charge brought against him.
His moral character was undoubtedly weak in other ways than this, but it is fair to remember that but for his astounding Confessions the more disgusting parts of it would not have been known, and that these Confessions were written, if not under hallucination, at any rate in circumstances entitling the self-condemned criminal to the benefit of considerable doubt.
The central criminal court has jurisdiction over certain parishes adjacent to London.
This court has exclusive original jurisdiction in probate matters, and in counties with over 2000 inhabitants its jurisdiction may be extended by popular vote to include concurrent jurisdiction with the district courts in civil matters involving amounts less than $2000, and in criminal actions below the grade of felony.
They may also try misdemeanours in counties without other criminal jurisdiction.
Thus foreigners in Siam, except Chinese who have no consul, could only be tried for criminal offences, or sued in civil cases, in their own consular courts.
The tribunals of the republic are the Supreme Court of Justice, which sits at Brno and is the court of final appeal both in civil and criminal causes, two high courts sitting at Prague and Brno respectively, 33 provincial courts and 410 district courts, all of which possess j urisdiction in both civil and criminal causes.
This criminal neglect of national education brought along with it its own punishment.
During this period he promulgated the Criminal Code, and began the reform of the magistracy.
In view of the apparent likelihood that the judges of the criminal division of the court of cassation - who formed the ordinary tribunal for such an appeal - would decide in favour of Dreyfus, it was thought that M.
The criminal courts are organized as in France.
His practice extended rapidly in the civil and criminal courts, and he regularly appeared before the general assembly of the Church of Scotland, where his work, though not financially profitable, increased his reputation.
in the United States), the scientific surveys of the state (the first of such public surveys), the criminal law commission, and the preservation of a sound currency during the panic of 1837.
Education, industrial occupation, commercial training and political responsibility are apparently working a transformation in a class that was once known chiefly for indolence and criminal instincts, and many of the leaders of modern Mexico have sprung from this race.
There are likewise supreme and inferior courts in most of the states, governed by the civil and criminal codes in force in the federal district.
The superior courts of law formed part of the palace, and there were tribunals in the principal cities, over each of which presided a supreme judge or cihuacoatl, who was irremovable, and whose criminal decisions not even the king might reverse; he appointed the lower judges and heard appeals from them; it is doubtful whether he judged in civil cases, but both kinds of suits were heard in the court below, by the tlacatecatl and his two associates, below whom were the ward-magistrates.
The criminal laws were of extreme severity, even petty theft being punished by the thief being enslaved to the person he had robbed, while to steal a tobacco pouch or twenty ears of corn was death; he who pilfered in the market was then and there beaten to death, and he who insulted Xipe, the god of the goldand silversmiths, by stealing his precious metal, was skinned alive and sacrificed to the offended deity.
For such offences as witchcraft, fraud, removing landmarks, and adultery the criminal had his heart cut out on the altar, or his head crushed between two stones, while even lesser punishments were harsh, such as that of slanderers, whose hair was singed with a pine-torch to the scalp.
The court of a justice of the peace has jurisdiction in criminal cases only where the punishment is by fine not exceeding twenty dollars, or by imprisonment not exceeding six months, or by both, and in civil cases only where the title to real estate is not involved and the damage demanded does not exceed thirteen dollars and thirty-three cents.
On his return he was added to the Committee of Public Safety, which had decreed the arrest en masse of all suspects and the establishment of a revolutionary army, caused the extraordinary criminal tribunal to be named officially "Revolutionary Tribunal" (on the 29th of October 1793), demanded the execution of Marie Antoinette and then attacked Hebert and Danton.
Each has its own documentary constitution; its legislature of two elective houses; its executive, consisting of a governor and other officials; its judiciary, whose decisions are final, except in cases involving Federal law; its system of local government and local taxation; its revenue, system of taxation, and debts; its body of private civil and criminal law and procedure; its rules of citizenship, which may admit persons to be voters in state and national elections under conditions differing from those prevailing in other states.
Ordinary private law, including property, contracts, torts, family relations, offences, civil and criminal procedure.
The administration of civil justice is decidedly better than that of criminal justice.
And, subject only to this limitation, the jurisdiction of the state courts covers the entire field of civil and criminal law.
for protecting the family honour from the disorderly or criminal conduct of sons; wives, too, took advantage of them to curb the profligacy of husbands and vice versa.
Shadwell suggests that the real meaning is "fig-discoverer," not "fig-informer," referring to the blackmailer who discovers the "figs" (that is, the money) of the rich man and forces him to hand it over by the threat of bringing a criminal accusation against him.
Persons found guilty of bringing false charges, of blackmail, or of suborning false witnesses, were liable to criminal prosecution by the state and a fine on conviction.
Under this act the western territory which France had claimed, extending as far as the Mississippi and south to the Ohio, was included with Canada in what was called the Province of Quebec. This vast territory was to be governed despotically from Quebec; the Roman Catholic church was given its old privileges in Canada; and the French civil law was established permanently side by side with the English criminal law.
This court is presided over by a chief justice, with five puisne judges, and has appellate civil and criminal jurisdiction for the Dominion.
Other reforms. followed in quick succession during the next five or six years: army and navy organization, a new judicial administration on the French model, a new penal code and a greatly simplified system of civil and criminal procedure, an elaborate scheme of local self-government for the rural districts and the large towns, with elective assemblies possessing a restricted right of taxation, and a new rural and municipal police under the direction of the minister of the interior.
On the dissolution of the Constituent Assembly he became judge of the criminal court at Douai.
He recommended the readmission of the survivors of the Girondin party to the Convention, and drew up a law limiting the right of insurrection; he had also a considerable share in the foreign policy of the victorious republic. With Cambaceres he had been commissioned in April 1794 to report on the civil and criminal legislation of France, with the result that after eighteen months' work he produced his Rapport et projet de code des delits et des peines (Io Vendemiaire, an.
Witnesses are not excused from answering criminating questions; but their evidence cannot be used against them in any proceedings except criminal proceedings for perjury in respect of that evidence.
So far as criminal cases are concerned, the courts have no power to hear them in private, nor have they any power to order adults (men or women) out of court during the hearing.
In the High Court and court of appeal one or more specially qualified assessors may be called in to assist in the hearing of any cause or matter except a criminal proceeding by the crown (Judicature Acts 1873, s.
What may be described as "national systems" of law are dealt with historically and generally under English Law, American Law, Roman Law, Greek Law, Mahommedan Law, Indian Law, &c. Certain broad divisions of law are treated under Constitution And Constitutional Law, Canon Law, Civil Law, Common Law, Criminal Law, Ecclesiastical Law, Equity, International Law, Military Law, &C. And the particular laws of different countries on special subjects are stated under the headings for those subjects (Bankruptcy, &c.).
The constitution Sapienti restored the Rota to existence and activity: it is now once more the ecclesiastical court of appeal for both civil and criminal cases.
In consequence of prophesying the death of the king and the end of the monarchy, he was arrested for treason in 1 795, and confined as a criminal lunatic. His case was, however, brought before parliament by his ardent disciple, Nathaniel Halhed, the orientalist, a member of the House of Commons, and he was removed to a private asylum in Islington.
When both sat the court had summary criminal jurisdiction as regards all offences committed by knights, and generally as to military matters.
The study of the physical characteristics of criminals is discussed at great length by Lombroso, L` Uomo delinguente (1897); Ferri, L'Omicidio (1895); von Baer, Der Verbrecher (1893); Laurent, Les Habitues des prisons (1890); and Havelock Ellis, The Criminal (1901).
At the annual festival of Apollo a criminal was obliged to plunge from the summit into the sea, where, however, an effort was made to pick him up; and it was by the same heroic leap that Sappho and Artemisia, daughter of Lygdamis, are said to have ended their lives.
quaero, investigate), a Roman magistrate whose functions, at least in the later times of the republic, were mainly financial, though he was originally concerned chiefly with criminal jurisdiction.
Unlike the urban quaestor, the military quaestor possessed not a criminal but a civil jurisdiction corresponding to that of the aediles at Rome.
They are forbidden to carry out a sentence of death passed on a criminal without the sanction of the superintendent of the southern Shan states, but otherwise retain nearly all their customary law.
Exactly four months after the battle of Corrichie, and the subsequent execution of a criminal whom she is said to have "loved entirely," had put an end to the first insurrection raised against her, Pierre de Boscosel de Chastelard, who had returned to France with the other companions of her arrival, and in November i 562 had revisited Scotland, expiated with his head the offence or the misfortune of a second detection at night in her bed-chamber.
Important reforms were now introduced, including the separation of the judicial and executive powers and the drawing up of a new criminal code.
On the 3 1st of March 1871, moreover, the bonds with the rest of the empire had been drawn closer by the acceptance of a number of laws of the North German Confederation, of which the most important was the new criminal code, which was finally put into force in Bavaria in 1879.
Criminal and correctional procedure were formerly divided between the courts of justice and the arrondissement tribunals; but this distinction was suppressed by the penal code of 1886, thereby increasing the importance of the arrondissement courts, which also act as court of appeal of the cantonal courts.
The following rules he took pains to enforce: that clerics in holy orders should not cohabit with their wives or permit any women, except those allowed by the canons, to live in their houses; that clerics accused on ecclesiastical or lesser criminal charges should be tried only in the ecclesiastical courts; that clerics in holy orders who had lapsed should "utterly forfeit their orders and never again approach the ministry of the altar"; that the revenues of each church should be divided by its bishop into four equal parts, to be assigned to the bishop, the clergy, the poor and the repair of the fabric of the church.
The marked preference shown by the natives to resort to the civil and criminal courts established by the British demonstrated their faith in the impartial treatment awarded therein.
By the middle of the 14th century this situation was exactly reversed; the elected town council was the supreme legislative power in all criminal and civil causes, and in the court of the advocatus two Ratsm¢nner sat as assessors.
Criminal cases are tried by (1) the Tribunaux de Police, (2) Tribunaux Correctionnels, (3) and the Cours d'Assises.
At Merxplas, near the Dutch frontier, is the agricultural criminal colony at which an average number of two thousand prisoners are kept employed in comparative liberty within the radius of the convict settlement.
The civil and criminal codes at Argentina have been adopted, almost without change.
After the spread of Christianity among the Romans, however, foeticide became equally criminal with the murder of an adult, and the barbarian hordes which afterwards overran the empire also treated the offence as a crime punishable with death.
Greaves, Observations on the Laws referring to Child-Murder and Criminal Abortion (1864); Storer and Heard, Criminal Abortion, its Nature, Evidence and Law (Boston, 1868); J.
Stephen, History of the Criminal Law of England (1883); Sir W.
Hochheimer, Crimes and Criminal Procedure (New York, 1897); A.
JONATHAN WILD (c. 1682-1725), English criminal, was born about 1682 at Wolverhampton, where his father was a wig-maker.
The legislative power of the empire also takes precedence of that of the separate states in the regulation of matters affecting freedom of migration (Freizugigkeit), domicile, settlement and the rights of German subjects generally, as well as in all that relates to banking, patents, protection of intellectual property, navigation of rivers and canals, civil and criminal legislation, judicial procedure, sanitary police, and control of the press and of associations.
The Bundesrat, acting under the direction of the chancellor of the empire, is also a supreme administrative and consultative board, and as such it has nine standing committees, viz.: for army and fortresses; for naval purposes; for tariffs, excise and taxes; for trade and commerce; for railways, posts and telegraphs; for civil and criminal law; for financial accounts; for foreign affairs; and for Alsace-Lorraine.
There are uniform codes of criminal law (Strafgesetzbuch), commercial law and civil law (Burgerliches Gesetzbuch), the last of which came into force on the 1st of January 1900.
The criminal code, based Cases t on that of Prussia anterior to 1870, was ear.
single judge, and with jurisdiction in petty Of those cc criminal and civil cases, up to 300 marks (~15).
Petty criminal cases are heard by the judge (Amtsrichter) sitting with two Schoffen assessorsselected by lot from the jury lists, who are competent to try prisoners for offences punishable with a fine, not exceeding 600 marks (~3o) or corresponding confinement, or with imprisonment not exceeding three months.
The Landgerichte revise the decisions of the Aslitsgerichte, and have also an original jurisdiction in criminal and civil cases and in divorce proceedings.
The criminal chamber of the Landgericht is composed of five judges, and a majority of four is required for a conviction.
The judges, numbering ninetytwo, are appointed by the emperor on the advice of the federal council (Bundesral)., This court exercises an appellate jurisdiction in civil cases remitted, for the decision of questions of law, by the inferior courts and also in all criminal cases referred to it.
It sits in four criminal and six civil senates, each consisting of seven judges, one of whom is the president.
Criminal prosecutions are conducted in the name of the crown by the Staatsanwlle (state attorneys), who form a separate branch of the judicia) system, and initiate public prosecutions or reject evidence as being insufficient to procure conviction.
The following table shows the number of criminal cases tried before the courts of first instance, with the number and sex of convicted persons, and the number of the latter per 10,000 of the civil population over twelve years of age:
Juni 1895 (Berlin, 1899); Handbuch fur dos deutsche Reich auf das Jahr 1900, bearbeitet im Reichsamt der Innern (Berlin); Handbuch fur die deutsche Handeismarine auf das Jahr 1900; Statistik des deutschen Reichs, published by the Kaiserliches Statistisches Amt (including trade, navigation, criminal statistics, sick insurance, &c.); Statistisches Jahrbuch fr das deutsche Reich (Berlin, 1906) and Vierteljahrshefte fr Statistik des deutschen Reichs (including census returns, commerce and railways).
They received great gifts of land, were endowed with jurisdiction in criminal as well as civil cases, and obtained several other valuable sovereign rights.
In criminal law and procedure there was an equal variety.
1869 the criminal law had been codified for the North German Confederation, and in 1870 there was passed the Gewerbeordnung, an elaborate code for the regulation of manufactures and the relations of masters to workmen.
In 1871 a commission was appointed to draw up regulations for civil and criminal procedure, and also to frame regulations for the organization of the law courts.
By the original constitution, the imperial authorities were only qualified to deal with criminal and commercial law; the whole of the private law, in which the variety was greatest, was withdrawn from their cognizance.
In 1876 Eismarck proposed to introduce into the Criminal Code a clause making it an offence punishable with two years imprisonment to attack in print the family, property, universal military service, or other foundation of public order, in a manner which undermined morality, feeling for law, or the love of the Fatherland.
In a speed at Konigsberg in November 1894, he summoned the nobles ci Prussia to support him in the struggle for religion, for morality for order, against the parties of Umsturz, or Revolution, and shortly afterwards an amendment of the Criminal Code, commonly called the Umsturz- Vorlage, was introduced, Vmsturz.
The gross immoralities connected with prostitution in Berlin had been disclosed in the case of a murderer called Heinze ifl 1891; and a bill to strengthen the criminal law on the subject was introduced but not carried.
The measure continued, however, to be discussed, and in 1900 the government proposed to incorporate with this bill (which was known as the Lex Heinze) the articles from the Umsturz- Vorlage subjecting art and ifterature to the control of the criminal law and police.
To the new province were given English civil and criminal law, a legislative assembly and council and a lieutenant-governor; in the words of its first governor, Colonel John Graves Simcoe, it had, "the British Constitution, and all the forms which secure and maintain it."
Rudigier, bishop of Linz, was summoned to a criminal court for disturbing the public peace; he refused to appear, for by the concordat bishops were not subject to temporal jurisdiction; and when he was condemned to imprisonment the emperor at once telegraphed his full pardon.
Criminal statistics, though slowly diminishing, are still high - murders, which are the most frequent crimes, having been 27 per 100,000 inhabitants in1897-1898and 25'23 per 100,000 in 1903, as against 2.57 in Lombardy, 2.00 in the district of Venetia, 4.50 in Tuscany and 5.24 in Piedmont.
A part of the Medina pieces consists of formal laws belonging to the ceremonial, civil and criminal codes; or directions about certain temporary complications.
They submitted their lists of criminal trials to the high commissioner, who, advised by the attorney-general, acted as a court of appeal, and no sentence exceeding six months could take effect without his confirmation.
A criminal code was drawn up, together with a criminal procedure proclamation.
With the exception of two or three of the most enlightened courts, the criminal powers of these courts were restricted, but in civil actions they had full scope.
Criminal jurisdiction over foreigners is exercised by the consuls of the fifteen powers possessing such right by treaty, according to the law of the country of the offender.
For other than the purposes indicated, the native judicial system, both civil and criminal, was superseded in 1884 by tribunals administering a jurisprudence modelled on that of the French code.
Save on points of law, the right of appeal in criminal cases was abolished, and assize courts, whose judgments were final, established.
There is a procureur-gneral, who, with other duties, is entrusted with criminal prosecutions.
The provincial police is under the direction of the local authorities, the mudirs or governors of provinces, and the mamurs or district officials; to the oindas, or village head-men, who are responsible for the good order of the villages, a limited criminal jurisdiction has been entrusted.
onwards the years of the reigns of the heretics were counted to Harmahib, and Akhenaton was described as that criminal of Akhetaton.
In criminal cases, however, foreign consuls still exercised jurisdiction, but the main evil of the Capitulations rgime was the absence of any proper machinery for enacting laws applicable to the whole of the inhabitants of Egypt.
The jurisdiction exercised by consuls in civil and criminal affairs Lord Cromer proposed should cease pan passu with the provision by the Egyptian government, under the powers conferred by the treaty required to set up the new council, of courts having competence to deal with such matters, various safeguards being introduced to prevent injustice in criminal cases.
The same word is found in Nazim, applied to the Nawab of Bengal, and in Nizamat, the old term for criminal jurisdiction.
Not till then did the courts of first instance have a uniform and controlling indication that the relation between words alleged to be criminal and the armed forces of the nation must be direct enough to constitute " a clear and present danger."
We do not here speak of the paper constitutions (khatt-i-sherif) and the like, created to impose upon Western diplomatists, but of such things as consular and commercial courts, criminal codes, and so forth.
In Cook county a criminal court, and the supreme court of Cook county (originally the supreme court of Chicago), supplement the work of the circuit court.
The law recognized that a child should not be treated like a mature malefactor, and provided that there should be no criminal procedure, that the child should not be imprisoned or prosecuted, that his interests should be protected by a probation officer, that he should be discharged unless found dependent, delinquent or truant, and in such case that he should be turned over to the care of an approved individual or charitable society.
In June 1907 the Supreme Court of Illinois declared the sale of liquor not a common right and "sale without license a criminal offence," thus forcing clubs to close their bars or take out licences.
They shared the criminal jurisdiction of the Gerousia and decided civil suits.
He was, however, a thorough lawyer besides, inferior in scientific learning to two or three of his most conspicuous rivals, but well read in every department of law, and especially a master in all that relates to criminal and constitutional jurisprudence.
In criminal law the day formerly commenced at sunrise and extended to sunset, but by the Larceny Act 1861 the day is that period between six in the morning and nine in the evening.
Below these courts come district and sessions judges, who perform the ordinary judicial work of the country, civil and criminal.
At first nawabs were only found in important cities, such as Surat and Dacca, with the special function of administering civil justice; criminal justice was in the hands of the kotwdl.
Thus was constituted the dual system of government, by which the British received all the revenues and undertook to maintain an army for the defence of the frontier, while the criminal jurisdiction vested in the nawab.
It was he who first entrusted criminal jurisdiction to Europeans, and established the Nizamat Sadr Adalat, or appellate court of criminal judicature, at Calcutta; and it was he who separated the functions of collector and judge.
The penal code, originally drawn up by Macaulay in 1837, passed into law in 1860, together with codes of civil and criminal procedure.
Recourse has been had to a regulation of the year 1818, by which persons may be imprisoned or " deported " without reason assigned; and three acts of the legislature have been passed for dealing more directly with the prevalent classes of crime: (1) an Explosives Act, containing provisions similar to those in force in England; (2) a Prevention of Seditious Meetings Act, which can only be applied specially by proclamation; and (3) a Criminal Law Amendment Act, of which the two chief provisions are - a magisterial inquiry in private (similar to the Scotch procedure) and a trial before three judges of the High Court without a jury.
But a dispute between the king and the parliament concerning the form of the royal oath having arisen, a group of demagogues with criminal folly provoked disturbances and erected barricades (May 14th).
A supreme court of civil and criminal justice was established in 1831 under a chief judge and three puisne judges.
Thus Cicero frequently speaks as if his client were to be put to death, though a criminal could always evade capital consequences by going into exile.
Freedom from arrest was guaranteed by Magna Carta, save on a criminal charge, yet thousands were committed to gaol on legal fictions and retained indefinitely for costs far in excess of the original debt.
Penal servitude, to use the words of the lord chief justice Sir Alexander Cockburn, one of the members of the committee, "was hardly calculated to produce on the mind of the criminal that salutary dread of the recurrence of the punishment which may be the means of deterring him and, through his example, others from the commission of crime."
a sentence of penal servitude is now generally an object of dread to the criminal population."
The period thus spent in the provinces will never exceed three months; in London, with the frequent sitting at Clerkenwell and of the Central Criminal Court, it is seldom more than one month.
Imprisonment was not sufficiently deterrent to the habitual criminal class, and small attention was paid to the reclamation of less hardened offenders.
Only those never previously convicted, or known as of not habitually criminal or corrupt habits, are eligible for the "star" class.
India retains association as the system most suitable for its criminal classes, with other methods generally abandoned in Great Britain, such as the employment of wellconducted prisoners as auxiliaries in prison discipline and service; deportation is still the penalty for the worst offences and is carried out on a large scale and with satisfactory results in the Andaman Islands.
a means of indescribable torture to a decent man and a prolific source of vice and crime to a criminal.
The state prisons receive by far the largest proportion of the criminal population, more than half the general total being imprisoned therein.
In criminal matters the villein was treated by the King's Court irrespectively of any consideration as to his debased condition.
It now consists of 48 members, of whom 28 are nominated, and the remainder are elected by local bodies, landholders, Mahommedans, &c. In Agra the chartered high court sitting at Allahabad, and in Oudh the court of the judicial commissioner, sitting at Lucknow, have final jurisdiction in both civil and criminal cases, subject to appeal to the privy council.
A criminal code, scarcely equalled for barbarity, though twice mitigated by royal edict since 1785, remained in force in its main provisions till 1895.
Five classes of law courts were established, and provision was made for appeals in both civil and criminal cases.
Notable was the innovation that agreement by threefourths of a jury should be sufficient in civil cases and that a jury might be waived in minor criminal cases, a provision which of course was based on experience under the Mexican law.
Settling in Frankfort, he soon took high rank as a criminal lawyer, was in the Kentucky House of Representatives in 1825 and 1829-1832, acting as speaker in the latter period, and from 1827 to 1829 was United States district-attorney.
With reference to their objects, treaties may perhaps be conveniently classified as (r) political, including treaties of peace, of alliance, of cession, of boundary, for creation of international servitudes, of neutralization, of guarantee, for the submission of a controversy to arbitration; (2) commercial, including consular and fishery conventions, and slave trade and navigation treaties; (3) confederations for special social objects, such as the Zollverein, the Latin monetary union, and the still wider unions with reference to posts, telegraphs, submarine cables and weights and measures; (4) relating to criminal justice, e.g.
Justices of the peace, one of whom is elected biennially in each precinct, have jurisdiction in civil actions in which the amount in controversy does not exceed $200 and the title to or boundary of real estate is not involved, and in criminal actions less than a felony and in which the punishment prescribed by law does not exceed a fine of $100 and imprisonment for six months.
The death of Jesus as a criminal, and his resurrection, profoundly aroused the belief and hopes of the little group of Jews who were his followers.
Jesus alone of the great founders of religion suffered an early and violent death, even the death of a criminal.
He died the death of a criminal, not for his sins, but for ours.
This jurisdiction is undoubtedly extensive, comprising among others, power to legislate concerning trade and industry, criminal law, taxation, quarantine, marriage and divorce, weights and measures, legal tender, copyrights and patents, and naturalization and aliens.
These new courts, though formally civil, were substantially criminal courts; and thus a criminal jurisdiction was added to the original civil jurisdiction of the praetors.
Its criminal employment is usually intended to heighten sexual desire, and has frequently led to death.
1 See also Stephen's History of the Criminal Law, vol.
The courts in existence at the time of the occupation were superseded by the following, constituted by an order in council dated the 30th of November 1882: - (I) a supreme court of criminal and civil appeal; (2) six assize courts; (3) six district courts; (4) six magistrates' courts; and (5) village courts.
Actions are divided, according to the nationality of the defendant, into " Ottoman " and " Foreign "; in the latter, the president of the court alone exercises jurisdiction as a rule, so also in criminal cases against foreigners.
After the Constituent Assembly he became president of the criminal tribunal of Paris, but was arrested during the insurrection of the 10th of August 1792.
" the last gate "), on real estate, succession, &c. (4) Sanhedrin (avph pcov), on procedure and criminal law.
If a person in fetters took refuge in his house he was immediately loosed from his bonds; and if a criminal on his way to the scene of his punishment met him and threw himself at his feet he was respited for that day.
On the fall of Orlando he succeeded him as premier, but his administration was a weak one, the Socialists and Communists being allowed to commit innumerable acts of criminal violence with absolute immunity.
The Court of Criminal Appeal dismissed his appeal against conviction on July 18, and he was executed in Pentonville prison on Aug.
The government has made repeated efforts to secure immigrants from Europe, but the lands set apart for immigrant settlers are in the forested provinces south of the Bio-Bio, where the labour and hardships involved in establishing a home are great, and the protection of the law against bandits and criminal assaults is weak.
Soldiers and persons convicted of any criminal offence are not entitled to vote.
No person can be elected who is an alien, is under the age of 30 years or over the age of 70 years, is in the employ of the government, is in the active service of the army or navy, has been convicted of any criminal offence, or is a bankrupt.
Formerly all cases, civil and criminal, were referred to the clergy, and until the 17th century the clergy were subordinate to a kind of chief pontiff, named sadr-us-sodur, who possessed a very extended jurisdiction, nominated the judges, and managed all the religious endowments of the mosques, colleges, shrines, &c. Shah Safi (1629-1642), in order to diminish the influence of the clergy, appointed two such pontiffs, one for the court and nobility the other for the people.
The functions of the representatives of the s/ar are now limited to civil cases, while all criminal cases are referred to the urf, which, however, also takes cognizahce of civil disputes, should the parties desire it.
In criminal cases the dispensation of justice is always summary, and, when the offence is small, the whole procedure, including the examination of witnesses and criminal, as well as the decision and the punishment, a bastinado, is a matter of some minutes.
A foreign subject implicated in a criminal suit cannot be pursued or molested in any way unless there exist full proofs of his having taken part in the crime imputed to him, and should he be duly convicted of the crime, he is handed over to his legation, which either sends him back to his own country to undergo the punishment established by law, or, according to more recent usage, punishes him in Persia by fine, imprisonment, &c. In this respect the powers of the foreign representatives in Persia, now numbering ten (Great Britain, Russia, France, Turkey, Austria-Hungary, Germany, United States of America, Italy, Belgium and the Netherlands) vary considerably, some having the power of condemning a criminal to death, while others cannot do more than fine and imprison for short periods.
Suits, civil and criminal, between foreign subjects are altogether out of Persian jurisdiction, and are judged by the representatives of the foreign powers accredited to Persia.
At the commencement of the 19th century it was computed that there was one criminal to every twenty-two of the population.
This grade has since been merged in that of chief constable, of whom there are four exercising powers of disciplinary supervision in the metropolitan districts, and a fifth who is assistant in the branch of criminal investigation.
The most active and by no means the least efficient branch of the modern English police is that especially devoted to criminal investigation or the detection of crime.
The organization of the police was not dealt with by the criminal code which came into force in 1883, but the code is full of provisions tending to make the force efficient.
Police duties are carried out under the direction of the royal police presidency, the executive police force comprising a police colonel, with, besides commissaries of criminal investigations, captains, lieutenants, acting-lieutenants, sergeant-majors and a large body of constables (schutzmanner).
The law of contracts, the law of torts, the mercantile law, the law relating to shipping and insurance, not to mention other subjects, are practically identical with those of England; and even the criminal law is virtually the 1 For the sections here incorporated on South African law and language we are indebted to the late J.
The constitution of the courts is based on the example of the English judiciary, and the rules of evidence and procedure are practically the same in both criminal and civil cases as in England.
In criminal cases it is necessary for the jury to find a unanimous verdict.
From the earliest records of the English law no free man could be detained in custody except on a criminal charge or conviction or for a civil debt.
In the manner characteristic of English legislation the act is limited to the particular grievances immediately in view and is limited to imprisonment for criminal or supposed criminal matters, leaving untouched imprisonment on civil process or by private persons.
The effect of the act was to impose upon the judges under severe sanction the duty of protecting personal liberty in the case of criminal charges and of securing speedy trial upon such charges when legally framed; and the improvement of their tenure of office at the revolution, coupled with the veto put by the Bill of Rights on excessive bail, gave the judicature the independence and authority necessary to enable them to keep the executive within the law and to restrain administrative development of the scope or penalties of the criminal law; and this power of the judiciary to control the executive, coupled with the limitations on the right to set up "act of state" as an excuse for infringing individual liberty is the special characteristic of English constitutional law.
The use of this writ in most if not all criminal cases was forbidden in 1553; but it was used in the 17th century in a case of kidnapping (Designy's case, 1682), and against Lord Grey for abducting his wife's sister (1682), and in the earl of Banbury's case to recover his wife (1704).
Thus habeas corpus ad respondendum is used to bring up a prisoner confined by the process of an inferior court in order to charge him in another proceeding (civil or criminal) in the superior court or some other court.
It is occasionally used for the purpose of bringing a person in custody for debt or on a criminal charge before a criminal court to be charged in respect of a criminal proceeding: but the same result may be obtained by means of an order of a secretary of state, made under s.
9 of the Criminal Procedure Act 1853: and ad deliberandum et recipias, to authorize the transfer from one custody to another for purposes of trial, which is in practice superseded by the provisions of the Prison Acts 1865, 1871 and 1898, and the Criminal Law Amendment Act 1867 (supra).
43 of the Criminal Procedure Scotland Act 1887.
Special opportunities were afforded by the law of majestas, which (originally directed against attacks on the ruler by word or deed) came to include all kinds of accusations with which it really had nothing to do; indeed, according to Tacitus, a charge of treason was regularly added to all criminal charges.
But his reputation in court circles was increasing; he was appointed a member of the committee for the reform of the criminal law in 1840; and, the same year with a letter of recommendation from Metternich in his pocket, visited England and France, Holland and Belgium, made the acquaintance of Thiers and Heine in Paris, and returned home with an immense and precious store of practical information.
Before 1223 their courts had received autonomy in civil and criminal jurisdiction; their chief rabbi was appointed by the king and entitled to use the royal arms on his seal.
The Parlement had also a criminal chamber, that of La Tournelle, which was not legally created until the 26th century, but was active long before then.
Telegraph Hill in the extreme N.E., the site in 1849 of the criminal settlement called " Sydney Town " and later known as the " Latin Quarter," is 294 ft.
The Hall of Justice, which houses the criminal and police courts and the police department of the city, was another fine structure.
The status of consuls commissioned by the Christian powers to reside in Mahommedan countries, China, Korea, Siam, and, until 1899, in Japan, and to exercise judicial functions in civil and criminal matters between their own countrymen and strangers, is exceptional to the common law, and is founded on special conventions or capitulations.
It is now admitted that, apart from treaty, custom has established very few consular privileges; that perhaps consuls may be arrested and incarcerated, not merely on criminal charges, but for civil debt; and that, if they engage in trade or become the owners of immovable property, their persons certainly lose protection.
In Borneo,China, Korea, Morocco, Persia, Siam, Tripoli and Turkey an extensive jurisdiction, civil and criminal, is exercised by treaty stipulation in cases where United States subjects are interested.
The question was raised in France in 1843 by the case of the Spanish consul Soller at Aix, and in America in 1854 by the case of Dillon, the French consul at San Francisco, who, on being arrested by Judge Hoffmann for declining to give evidence in a criminal suit, pulled down his consular flag.
Other new official buildings are the patent office on the site of the old ministry of the interior; the new ministry of posts (with post museum) at the corner of the Mauer-strasse and Leipziger-strasse; the central criminal court in Moabit; the courts of first instance on the Alexander-platz; the ministry of police, and the Reichsversicherungsamt, the centre for the great system of state insurance.
The ministry of police (a branch of the home office) consists of six departments: (1) general; (2) trade; (3) building; (4) criminal; (5) passports; (6) markets.
Circuit court judges have original jurisdiction in most matters civil and criminal, hear appeals from the lower courts, and must hold at least four sessions annually in each county of the circuit.
The state supports the Michigan Asylum for the Insane (opened 1859), at Kalamazoo; the Eastern Michigan Asylum for the Insane (opened 1878), at Pontiac; the Northern Michigan Asylum for the Insane (opened 1885), at Traverse City; the Michigan Asylum for the Dangerous and Criminal Insane (established 1885), at Ionia; the Upper Peninsula Hospital for the Insane, at Newberry; a Psychopathic Hospital (established 1907), at Ann Arbor; a State Sanatorium (established 1905), at Howell; the Michigan State Prison (established 1839), at Jackson; the Michigan Reformatory (established 1887), at Ionia; the State House of Correction and Branch Prison (established 1885), at Marquette; the Industrial School for Boys, at Lansing; the Industrial Home for Girls (established 1879), near Adrian; the State Public School (opened 1874), at Coldwater, a temporary home for dependent children until homes in families can be found for them; the School for the Deaf (established 1854), at Flint; the School for the Blind, at Lansing; an Employment Institution for the Blind (established 1903), at Saginaw; the Home for the Feeble Minded and Epileptic (established 1893), at Lapeer; and the Michigan Soldiers' Home (established 1885), at Grand Rapids.
"Theirs was a crime which it would never have entered into the heart of any man to commit who was not raised above the lowness of the ordinary criminal."
The court of quarter sessions, which may likewise be held by either the judge of the court of common pleas or by a justice of the supreme court, has jurisdiction over all criminal cases except those of treason or murder.
The court of oyer and terminer is a higher criminal court, and has cognizance of all crimes and offences whatever.
No appeals are permitted in criminal cases.
Women are entitled to the franchise: there are the usual restrictions in regard to the pauper and criminal classes.
COURT LEET, an English petty criminal court for the punishment of small offences.
After 1897 he devoted himself to his law practice, being prominently associated with appeals in several notorious criminal trials.
An adequate code of civil and criminal law and provisions for civil government under improved conditions were provided by Congress in 1899 and 1900.
He graduated at Waterville (now Colby) College in 1838, was admitted to the Massachusetts bar in 1840, began practice at Lowell, Massachusetts, and early attained distinction as a lawyer, particularly in criminal cases.
But only one of its justices is required for a trial court, and trial courts are held two or three times a year in each county for the trial of both civil and criminal cases which come before it in the first instance or upon appeal.
In Cumberland and Kennebec counties there is a superior court presided over by one justice and having extensive civil and criminal jurisdiction; and in each of the counties there are a probate court for the settlement of the estates of deceased persons and courts of the trial justice and the justice of the peace for the trial of petty offences and of civil cases in which the debt or damage involved does not exceed $20.
Civil and criminal codes were promulgated by decrees, and in both cases the laws of Belgium were adopted as the basis of legislation, and "modified to suit the special requirements" of the state; e.g.
If the boy does not dream of the person whom the priest has determined on as the criminal, he is kept under drugs until he does what is required of him" (Count Gleichen, With the Mission to Menelik, chap. xvi., 1898).
They have original jurisdiction of civil, criminal and probate matters, not specifically assigned to other tribunals, and appellate jurisdiction from the inferior courts.
Each precinct elects a justice of the peace, who has civil jurisdiction when the debt or damage claimed does not exceed three hundred dollars, and has primary criminal jurisdiction.
The badmashes, or criminal class, broke forth from their quarter and began to burn and plunder the dwellings of the British.
The rules of evidence which now govern the procedure in criminal cases did not then exist, and Garnet's trial, like many others, was influenced by the political situation, the case against him being supported by general political accusations against the Jesuits as a body, and with evidence of their complicity in former plots against the government.
Bassaraba, besides reforming the canon law, issued a similar criminal code, with a number of civil enactments, based on Roman law, and regulating testaments, guardianship, &c. The next great advance began with the Russian protectorate over.
In the quarrel that ensued the prelate was openly accused of simony, of heresy, and other matters more suitable for a criminal court.
The judiciary was irremovable, and trial by jury was allowed for criminal offences.
This force is exempt from all foreign service, and the chief office of the viguiers is the administration of criminal justice, in which their decisions, given simply according to their judgment and conscience, there being no written laws, are final.
In each division of the province there is a resident magistrate with primary jurisdiction in civil and criminal matters.
Criminal cases were to be tried before the judges of supreme court on circuit.
A public official may be tried for incompetence, corruption or malfeasance according to the regular procedure in criminal cases, and if convicted he may be dismissed from office and receive such other penalties as the law provides.
An amendment giving women the right to vote was defeated, and among those adopted was one providing for the initiative upon special and local laws and parts of laws, and another giving cities and towns the exclusive right to enact or amend their own charters, subject only to the constitution and the criminal laws.
The judges of the county courts are elected for four years, and their courts have jurisdiction over probate matters, civil cases involving amounts not exceeding $500, and criminal cases in which the offence is not punishable by death or imprisonment in the penitentiary.
In 1821, by appointment of the legislature, of which he had become a member in the preceding year, Livingston began the preparation of a new code of criminal law and procedure, afterwards known in Europe and America as the "Livingston Code."
It was prepared in both French and English, as was required by the necessities of practice in Louisiana, and actually consisted of four codes - crimes and punishments, procedure, evidence in criminal cases, reform and prison discipline.
The chief thing to note is the existence, for these countries, of a civil-ecclesiastical to law, that is to say, a body of regulations made by the - civil authority, with the consent, more or less explicit, co of the Church, about ecclesiastical matters, other than spiritual; these dispositions are chiefly concerned with the nomination or confirmation by the state of ecclesiastics to the most important benefices, and with the administration of the property of the Church; sometimes also with questions of jurisdiction, both civil and criminal, concerning the persons or property of the Church.
He found time to write two larger works, the History of the Roman Coinage and the Romisches Staatsrecht, a profound analysis of Roman constitutional law, and Romisches Strafrecht, on Roman criminal jurisdiction.
There is a special court to deal with serious civil and criminal cases in which Europeans are concerned.
The function of a judge in a criminal as in a civil action was to see that the facts, with modifying circumstances, were fully and truly submitted to him, and then by applying the law to these facts to ascertain and declare the amount of compensation that would make a legal adjustment.
The amount was recoverable as a debt from the criminal to the extent of his property, and in his default from the members of his fine in sums determined by the degree of relationship; and it was distributable among the members of the fine of a murdered person in the same proportions, like a distribution among the next of kin.
In these circumstances the law held the criminal's life forfeit, and he might be slain or taken as a prisoner or slave.
When the effect of a crime did not go beyond an individual, if that individual's fine did not make good their claim while the criminal lived, it lapsed on his death.
"The crime dies with the criminal."
The judiciary consists of a Supreme Court of five members elected for districts by the state at large for a term of six years, an appellate court (first constituted in 1891), and a system of circuit and minor criminal and county courts.
- In criminal procedure confession has always, of course, played an important part, and the attempt to obtain such a confession from the incriminated person, whether by physical torture or by less violent means, was formerly, and in certain countries still remains, a recognized expedient for securing the conviction of the guilty.
Benefit of clergy became an intolerable anomaly, all the more so because the privilege was extended in practice not only to all persons actually in minor orders, but to all who claimed them; any criminal who could read had a fair chance of being reckoned a clerk.
As Charles would not dismiss him simply because the Commons were dissatisfied with him as a minister, they fell back on charging him with criminal designs.
His flight practically settled the question; and an inquiry, which many people had thought at its inception would brand Parnell as a criminal, raised him to an influence which he had never enjoyed before.
The criminal folly of the raid prevented the British gQvernment from making this demand.
(b) In its judicial aspect, the Aulic Council, exercising the emperor's judicial powers on his behalf, and thus succeeding, as it were, to the old Kammergericht, had exclusive cognizance of matters relating to imperial fiefs, criminal charges against immediate vassals of the Empire, imperial charters, Italian affairs, and cases "reserved" for the emperor.
He now devoted himself mainly to the study of criminal law, and in 1818 published La Justice criminelle en France, in which with great courage he attacked the special tribunals, provosts' courts or military commissions which were the main instruments of the Reaction, and advocated a return to the old common law and trial by jury.
Above all he was instrumental in framing the new criminal code, based on more humanitarian principles, which was issued in 1835.
He now withdrew to his native town, and occupied himself with his favourite work of reform of criminal law.
But neither Sheridan nor Fox was capable of that sustained and overflowing indignation at outraged justice and oppressed humanity, that consuming moral fire, which burst forth again and again from the chief manager of the impeachment, with such scorching might as drove even the cool and intrepid Hastings beyond all self-control, and made him cry out with protests and exclamations like a criminal writhing under the scourge.
The Kurirs, a wandering and thieving tribe, the Kamais, professional burglars, and the Baruds, cattle-stealers and highwaymen, are notorious among the criminal classes.
Ineligible, like all the members of the Constituent Assembly, for the Legislative Assembly, he became president of the criminal tribunal of Paris, but failed through lack of firmness.
He took an important part in drafting the civil code, the criminal code, the code of civil procedure and the commercial code.
It asserted the principles of civil equality and freedom of conscience, it reformed the criminal law, and laid down a just scheme of taxation.
He was elected its honorary secretary, and it was largely owing to information obtained by him that the Criminal Law Amendment Act of 1885 was passed, while by his personal effort he secured the insertion of a clause giving magistrates power to take the evidence of children too young to understand the nature of an oath.
He was tried before the criminal tribunal of the Somme, condemned to death for abuse of his power during his mission, and executed at Amiens on the 24th Vendemiaire in the year IV.
Humanitarian moralists, who hesitate to believe in the retributive theory of punishment because, as they think, its aim is not the criminal's future well-being but merely the vindication through pain of an outrage upon the moral law which the criminal need never have committed, might welcome a theory which urges that the sole aim of punishment should be the exercise of an influence determining the criminal's future conduct for his own or the social good.
Moreover, the belief that the justice of punishment depends upon the responsibility of the criminal for his past offences and the admission of the moral consciousness that his previous wrong-doing was freely chosen carries with it, so it is argued, consequences which the libertarian moralist might be willing to accept with reluctance.
The same argument holds good concerning our feelings with regard to the justice or injustice of punishing a criminal if we believe that his will was determined.
It may be politic or expedient to inflict pain upon a criminal in order either to effect an alteration in his character or to deter him or others from future performance of acts of a certain character.
In answer to this argument some necessarians have admitted that punishment can be legitimate only if it be beneficial to the person punished; others, again, have held that the lawful use of force is to restrain lawless force; but most of those who reject free-will defend punishment on the ground of its utility in deterring others from crime, as well as in correcting or restraining the criminal on whom it falls.
It may be taken to imply that the useless and the criminal should be entitled to as much happiness as the useful and the virtuous.
Appeals may be taken in all criminal cases and most civil cases to the supreme court at Copenhagen.
1030), who set up a "fifth court " as the ultimate tribunal in criminal matters, and strengthened the community against the chiefs.
During 1875 and 1876 he was successively director of criminal affairs and secretary-general at the ministry of justice.
that a defendant must always be sued in the court of his own nationality In criminal cases there is, of course, no difficulty.
He is not permitted to pardon a criminal until he has obtained the advice of the board of pardons which is composed of the state superintendent of public instruction, the president of the board of agriculture and the state auditor.
For the administration of justice there have been established a supreme court composed of six justices elected for a term of six years; a criminal court of appeals composed of three justices appointed by the governor with the advice and consent of the Senate; twenty-one district courts each with one or more justices elected for a term of four years; a county court in each county with one justice elected for a term of two years; a court of a justice of the peace, elected for a term of two years, in each of six districts of each county, and police courts in the cities.
The criminal court of appeals has jurisdiction in all criminal cases appealed from the district and county courts.
The district courts have exclusive jurisdiction in civil actions for sums exceeding $1000, concurrent jurisdiction with the county courts in civil actions for sums greater than $500 and not exceeding $1000, and original or appellate in criminal cases.
As compared with the earlier assize it prescribes greater severity of punishment for criminal offences; arson and forgery were henceforth to be crimes about which the jurors are to enquire; and those who failed at the ordeal were to lose a hand as well as a foot.
This produced fresh complications, and an increasing desire among the respectable settlers for a competent civil and criminal jurisdiction.
Criminal jurisdiction is always regarded as purely territorial, but bigamy (together with homicide and treason) is an exception to this rule.
See Stephen, History of Criminal Law; Dicey, Conflict of Laws; Report of the Royal Commission on Marriage Laws (1868).
The Fenian movement disclosed much discontent, and was attended by criminal outrages in England.
Foolish and criminal as these disturbances were, they served to remind the English people that Ireland would not cease to be troublesome under Home Rule.
In February 1893, on the application of the sheriff of Kerry, an order from Dublin Castle, refusing protection, was pronounced illegal in the Queen's Bench, and persons issuing it were declared liable to criminal prosecution.
The judicial power is vested in a Supreme Court and two circuit courts, a court of common pleas having civil jurisdiction, and a court of general sessions having criminal jurisdiction.
When combined with potash or soda it is used to saturate flypapers, and strong solutions can be obtained by soaking these in water; this fact has also been used with criminal intent.