Lectures on the Growth of Criminal Law in Ancient Communities

Paperback | January 31, 2012

byRichard Robert Cherry

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890. Excerpt: ... LECTURE VI. EARLT ENGLISH OEIMINAL LAW. rpHE distinguishing feature of modern English Criminal Law J-is the fact that the Sovereign is in all eases the prosecuting party. The Queen prosecutes every petty larceny, and at the same time, by her delegate, the Judge of Assize tries the offender. Theoretically she is judge in her own cause, a position which is repugnant to every principle of jurisprudence. What, then, is the origin in English Law of this prosecution by the Crown in all criminal matters? The answer of Blackstone and the Analytical School of Jurisprudence is simply that the King is the fountain of justice, and that he is bound to see that the law is enforced in the public interest. If this be so, why is the name of the Sovereign not used in civil actions? Surely it is as much in the public interest that the Civil Law should be enforced, as that the Criminal Law should be. The answer to the question is really historical. The prosecution by the Crown first arose not from any notion of public convenience, but in an entirely different way;. and moreover our Criminal Law still retains traces of the manner in which the system originally grew up. Every lawyer is familiar with the modern form of an indictment. The offence is always alleged to have been committed "against the peace of our Sovereign Lady the Queen, her Crown and dignity." Until a very recent date, an indictment prepared without this formal ending was wholly bad. A recent statute, however (14 & 15 Vict. c. 100, s. 24), specially provides that an indictment is not to be held insufficient in consequence of the omission of the words "against the peace." Before it became law an indictment without these words was considered not to charge any offence, no matter how formal it was in every other re...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890. Excerpt: ... LECTURE VI. EARLT ENGLISH OEIMINAL LAW. rpHE distinguishing feature of modern English Criminal Law J-is the fact that the Sove...

Format:PaperbackDimensions:40 pages, 9.69 × 7.44 × 0.08 inPublished:January 31, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217500560

ISBN - 13:9780217500562

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