The Complete Works of Edward Livingston on Criminal Jurisprudence: Consisting of Systems of Penal Law for the State of Louisiana and for the United States of America : with the Introductory Reports to the Same : to which is Prefixed an Introduction, Band 1National Prison Association of the United States of America, 1873 |
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Seite viii
... contains . The American edition will thus meet the French edition of the work of the great American Jurist , who was chosen on account of it an Associate of the French Academy of Moral and Political Science , nearly half a century ago ...
... contains . The American edition will thus meet the French edition of the work of the great American Jurist , who was chosen on account of it an Associate of the French Academy of Moral and Political Science , nearly half a century ago ...
Seite 13
... distribution of powers will be undisturbed ; and the ends of public justice attained with greater regu- larity and better effect . Our constitution , containing a very imperfect declar- ation of THE PLAN OF A PENAL CODE . 13.
... distribution of powers will be undisturbed ; and the ends of public justice attained with greater regu- larity and better effect . Our constitution , containing a very imperfect declar- ation of THE PLAN OF A PENAL CODE . 13.
Seite 14
... containing a very imperfect declar- ation of rights , leaves the legislative power entirely uncontrolled in some points , where restraint has , in most free governments , been deemed essential ; a majority may establish their religion ...
... containing a very imperfect declar- ation of rights , leaves the legislative power entirely uncontrolled in some points , where restraint has , in most free governments , been deemed essential ; a majority may establish their religion ...
Seite 46
... contains the examinations of witnesses before a committee of the house of commons . From one of these , that of a solicitor who had practised for more than twenty years in the criminal courts , I make the following extracts : " In the ...
... contains the examinations of witnesses before a committee of the house of commons . From one of these , that of a solicitor who had practised for more than twenty years in the criminal courts , I make the following extracts : " In the ...
Seite 62
... contains a system of proceeding on writs of habeas corpus . This chapter will be the first act of legislation in our state on this subject ; important enough , it would seem , to have sooner engaged our attention . This writ was known ...
... contains a system of proceeding on writs of habeas corpus . This chapter will be the first act of legislation in our state on this subject ; important enough , it would seem , to have sooner engaged our attention . This writ was known ...
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accused adopted applied argument attention capital punishment cause chapter circumstances civil committed common law confession confinement considered contains conviction court crime Crimes and Punishments criminal criminal law danger death declared defects defendant degree directed duty EDWARD LIVINGSTON effect enforce England English law evidence evil examination execution exercise existence fact false favour force give given guilty habeas corpus homicide honour human imprisonment incurred indictment inflicted injury innocent intended interest judge judicial jurisprudence jurors jury justice labour legislation legislature liberty Louisiana magistrate means ment mind mode moral murder nature necessary necessity oath object offences offences affecting officer operation party penal law penalty penitentiary perjury person positive law present law principles Prison Discipline produce proof proper prosecution provisions punishment reason reformation remedy render repeal rules sanction secure society statute suffer supposed testimony tion trial trial by jury truth witness
Beliebte Passagen
Seite 193 - God to man, and by the nature of man, to the social state in which he was formed to live; and the correspondent mutual duty of the individual and of the society is to defend this right; but when the right is given, the means to enforce it must, in natural as well as positive law, be admitted to be also given. If, then, both individuals and the society have the right to preserve their several existence, and are, moreover, under the reciprocal duty to defend it when attacked, it follows, that if one...
Seite 112 - It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact, between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent...
Seite 414 - The powers of the government of the State of Mississippi shall be divided into three distinct departments, and each of them confided to a separate body of magistracy, to wit: those which are legislative to one. those which are judicial to another, and those which are executive to another.
Seite 123 - The powers of the Government of the State of Kentucky shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit : those which are Legislative to one ; those which are Executive to another, and those which are Judiciary to another. § 2. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Seite 111 - The governor, by and with advice and consent of the said legislative council, or of a majority of them, shall have power to alter, modify, or repeal the laws which may be in force at the commencement of this act. Their legislative powers shall also extend to all the rightful subjects of legislation; but no law shall be valid which is inconsistent with the constitution and laws of the United States...
Seite 121 - Unfortunately we have both. By the 33d section of the act so frequently referred to (4th May(a) 1805) it is enacted, " that all the crimes, offences and misdemeanors herein before named , shall be taken, intended and construed according to, and in conformity with, the common law of England ; and that the forms of indictment (divested, however, of unnecessary prolixity), the method of trial, the rules of evidence, and all other proceedings...
Seite 152 - The infirmities of the best among us, the vices and ungovernable passions of others, the instability of all human affairs, and the numberless unforeseen events which the compass of a day may bring forth, will teach us (upon a moment's reflection), that to know with precision what the laws of our country have forbidden, and the deplorable consequences to which a wilful disobedience may expose us, is a matter of universal concern.
Seite 264 - It cannot have escaped the attention of the reader, that this method of making the defendant answer upon oath to a criminal charge, is not agreeable to the genius of the common law in any other instance...
Seite 126 - The Legislature shall never adopt any system or code of laws by general reference to such system or code of laws, but in all cases shall specify the several provisions of the laws it may enact.
Seite 279 - All crimes, offences and misdemeanors shall be taken, intended and construed according to and in conformity with the common law of England; and the forms of indictment (divested, however, of unnecessary prolixity), the method of trial, the rules of evidence and all other proceedings whatsoever in the prosecution of...