as long as he lives, unless pardoned by the governor before the expiration of his sentence.* OBJECTS OF PUNISHMENT. 6. The objects of punishment under the American system are threefold: A. The amendment of the offender himself; in that he will not be likely to offend again, after having found by experience that "the way of the transgressor is hard."† B. Deterring others from crime through dread of his example. Hence, one motive for the universal publication of all court proceedings in the United States. C. Depriving the party injuring another of the power to do future mischief. Hence, the punishments of death and of long imprisonments.‡ But the motive of revenge being under all circumstances forbidden to men, must never enter into the punishment of criminals by the State. "Vengeance is mine, I will repay, saith the Lord."§ NOTE. The distinction between crime and sin, as limiting the power of society over the individual, has been strangely overlooked in all countries ruled by priests, without much distinction of the religion they taught. Nearly all of the supposed offenses punished by the inquisition were those against God-certainly, they were not against other men, or society. And in the Blue Laws of New Haven colony, the Anti-Quaker laws of Plymouth and Massachusetts Bay, the Blue Laws of New York, Maryland, Virginia and South Carolina, (see Case, Tiffany & Co's edition, Hartford, 1838) many curious statutes are recorded, fettering the freedom of thought and private conduct of individuals almost as thoroughly as the Levitical Law of Moses. But the early colonists "builded greater than they knew." Their mistakes are but trifles, when we consider the present consequences of the principles they eliminated, during the colonial school days of the nation. * See Lesson XX, “Of Universal Suffrage." + Proverbs xiil: 15. + Blackstone's Com., Book IV, 12. § Rom. xii: 19. See also Deut. xxxiii: 35, 41, 45; Ps. xciv: 1: Heb. x: 30. 6. What are the objects of punishment under the American system? Is revenge ever admitted as a motive of punishment by the State? LESSON XXVII. OF THE RIGHTS OF ACCUSED PERSONS, NO. I. 1. Most of the crimes forbidden by our laws are in like manner prohibited by the laws of monarchical governments, as also are many acts which are not deemed criminal in America. But in the United States the object of all our institutions is to protect the citizen. A person who is merely accused, but not yet convicted of crime, is as much entitled to this protection as any other citizen. Why should he not be? Every human being is liable to be mistaken, and may accuse the wrong person of an offense against the laws, or may make a malicious accusation, or may cause a person to be arrested for an act which is not a crime. Or the officers of the Government may seek to oppress individuals by false charges, unfair trials, illegal imprisonments, or cruel or unusual punishments. Hence an untold amount of suffering, endured during many ages by millions of innocent persons, accused of crimes under monarchical governments. To prevent this, our whole system of criminal practice is based upon the maxims that "every man is to be presumed innocent until he is proved to be guilty," and that "it is better that a hundred guilty persons should escape, than that one innocent person should suffer." Hence the great anxiety to do no injustice, and the tender care of all his rights extended by the law to each person accused of crime. This protection to such persons is one of the most striking pecu 1. What is the object of all American institutions? Is a person who is merely accused, but not convicted of crime, entitled to protection? Why should he not be? What mistakes are liable to arise in making accusations? What tyrannies threaten personal liberty under pretense of accusation of crime? On what two maxims is our whole criminal law based? Is the protection of accused persons in all their rights a distinctive American idea? liarities of the American system. It neither is nor has been exhibited to the same extent, under any other form of Government. 2. What are the provisions of the American Constitution on this subject? Art. III, Sec. 2, Clause 3 of the Federal Constitution reads: "The trial of all crimes except in cases of impeachment shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed." Art. IV of the amendments to the Federal Constitution reads: "The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrants shall issue but upon probable case, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Art. V of those amendments reads: "No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger ;* nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law." Art. VI of the amendments reads: "In all criminal prosecutions, the accused shall enjoy the * These offenses are punished by Military Law. See Lesson 2, 14. 2. Quote Art. III, Sec. 2, of the Federal Constitution? Quote Art. IV of the amendments? Art. V of the same? Art. VI of the same? Art. VIII of the same? right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and have the assistance of counsel for his defense.' Art. VIII of the amendments reads: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." 3. In all the State Constitutions the principles of the above quotations are adopted, and the laws made both by Congress and the State Legislatures in accordance therewith, secure to every person accused of crime the most perfect justice throughout all the proceedings. A few of these provisions are as follows: "A crime or public offense is an act or omission forbidden by law, and to which is annexed upon conviction either of the following punishments: first, death; second, imprisonment; third, fine." "Public offenses are divided into Felonies and Misdemeanors." "A Felony is a public offense, punishable with death, or by imprisonment in a State Prison.” "Every other public offense is a misdemeanor." "No person can be punished for a public offense ex 3. What is the legal definition of a crime? How are public offenses divided? What is a felony? What is a misdemeanor? Can any person he punishable for a public offense except on conviction in a competent court? What two elements are required to constitute a public offense? Are acts deemed criminal which result from accident or misfortune, or are not prompted by evil design or culpable negligence? Why are not all crimes punished alike? What would result if light offenses were punished as severely as flagrant crimes? Within what time must prosecution for crimes be commenced? Can idiots or lunatics be punished for crimes? Can a child under fourteen years of age? cept upon legal conviction in a court having jurisdiction thereof." "In every crime or public offense, there must be an union or joint operation of act and intention or criminal negligence." "All acts committed by misfortune or accident shall not be deemed criminal, where it satisfactorily appears that there was no evil design or culpable negligence." "No person who is an idiot or lunatic, or who is under fourteen years of age, shall be found guilty or punished for any crime.* "All penalties ought to be proportioned to the nature of the offense. No wise legislature will affix the punishment to crimes of theft, forgery and the like, which they do to murder and treason. Where the same undistinguishable severity is exerted against all offenses, the people are led to forget the real distinctions in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offenses. For the same reason a multitude of sanguinary laws is both impolitic and unjust, the true design of all punishments being to reform, not to exterminate mankind."+ The time after the commission of offenses, within which a prosecution must be commenced, is limited by law to three years in the case of all felonies except murder, and to one year in the case of misdemeanors. 4. All judicial proceedings are protected by the solemn oath or affirmation of all who take part in them. The judges, grand and petit jurors, lawyers, district attorney, clerk, sheriff, complainant, witnesses and reporters, are all sworn according to law to perform their * See Statutes of California," Criminal Practice." 4. What is the use and purpose of the judicial oath in courts of justice? |