Considerations on Criminal LawSaunders, 1772 - 434 Seiten |
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Seite 126
... Jury being composed of perfons , whose knowledge is confined to moderate bounds , in proportion to their opportunities of in- formation , it cannot be fuppofed that they are capable of difcriminating the nice cir- cumftances attending ...
... Jury being composed of perfons , whose knowledge is confined to moderate bounds , in proportion to their opportunities of in- formation , it cannot be fuppofed that they are capable of difcriminating the nice cir- cumftances attending ...
Seite 127
... Jury are to be determined in their verdict by their own knowledge and under- standing ; for that a man cannot fee by another's eye , nor hear by another's ear ; no more can a man conclude or infer the thing to be refolved by another's ...
... Jury are to be determined in their verdict by their own knowledge and under- standing ; for that a man cannot fee by another's eye , nor hear by another's ear ; no more can a man conclude or infer the thing to be refolved by another's ...
Seite 128
... Jury , therefore , is impanelled upon the trial of a traitor , they are to try , not only whether the defendant is guilty of the fact of having corresponded with the enemy ( or whatever the fpecies of treafon may be ) , but whether he ...
... Jury , therefore , is impanelled upon the trial of a traitor , they are to try , not only whether the defendant is guilty of the fact of having corresponded with the enemy ( or whatever the fpecies of treafon may be ) , but whether he ...
Seite 129
... indictments , but from the nature of the verdict in particular cafes , that the Jury are vested with the power of judging of law , as well as fact .. Indeed many great lawyers feem inclined to the opinion that Indeed CRIMINAL LAW . 129.
... indictments , but from the nature of the verdict in particular cafes , that the Jury are vested with the power of judging of law , as well as fact .. Indeed many great lawyers feem inclined to the opinion that Indeed CRIMINAL LAW . 129.
Seite 130
... Jury find not ( as in a special verdict ) the fact of every cafe by itself , leaving the law to the court , but find ... Jury affifts the Judge in determining matters of fact , fo the Judge affifts the Jury in deter mining mining points ...
... Jury find not ( as in a special verdict ) the fact of every cafe by itself , leaving the law to the court , but find ... Jury affifts the Judge in determining matters of fact , fo the Judge affifts the Jury in deter mining mining points ...
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abfurd againſt arifes becauſe cafes capital puniſhments Carneades caſes caufes cauſes CHAP Cicero circumftances civil civil Laws confcience confequently confideration confidered conftitution Covarruvias crime Criminal Laws death degree delinquent difpofitions diftinction effects eſtabliſhed exerciſe exift exiſtence faid fame fays fecurity feems fenfe fenfible feverity fhall fhew fhould fince firft firſt flain focial fociety fome fovereign fpecies ftate ftill fubfiftence fubject fuch a ſtate fuffer fufficient fuperior fuppofe fupport fyftem Grotius High Treafon himſelf human increaſe inflicted inftance inftitutions injuftice injured intereft itſelf Judge juft juftice jurifdiction Jury juſt Law of Nature lefs Legiſlators likewife magiftrate mankind meaſure ment moft moral moſt muft murder muſt neceffary neceffity nevertheleſs niſhments obferves obligation occafion offences ourſelves paffion peace perfon perly pofition political prefent principles Puffendorf purpoſe reaſon refpect revenge SECT ſeems ſeverity ſhall ſtate thefe themſelves theſe thofe thoſe tion ture uſe virtue
Beliebte Passagen
Seite 9 - Of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Seite 254 - The centre mov'd, a circle straight succeeds, Another still, and still another spreads ; Friend, parent, neighbour, first it will embrace ; His country next, and next all human race ; Wide and more wide, th...
Seite 132 - ... leaving the law to the court, but find for the plaintiff or defendant upon the issue to be tried, wherein they resolve both law and fact complicately, and not the fact by itself ; so as though they answer not singly to the question what is the law, yet they determine the law in all matters, where issue is joined and tried in the principal Dissenting Opinion: Gray, Shiras, JJ. case, but [ie except] where the verdict is special.
Seite 223 - I am one, , Whom the vile blows and buffets of the world Have fo incens'd, that I am recklefs what I do, to fpite the world. 1 Mur. And I another, So weary with difafters, tugg'd with fortune, That I would fet my life on any chance, To mend it, or be rid on't.
Seite xxiv - ... What a lamentable case it is to see so many Christian men and women strangled on that cursed tree of the gallows ; insomuch as if in a large field a man might see together all the Christians, that but in one year throughout England come to that untimely and ignominious death, if there were any spark of grace or charity in him, it would make his heart to bleed for pity and compassion.
Seite 46 - For as many as have sinned without law, shall also perish without law ; and as many as have sinned in the law, shall be judged by the law ; (for not the hearers of the law are just before God, but the doers of the law shall be justified.
Seite 291 - If a man counterfeit the King's money; and if a man bring false money into the realm counterfeit to the money of England, knowing the money to be false, to merchandise and make payment withal.
Seite 417 - Statutes in that case made and provided, and against the peace of our Sovereign Lord the King, his crown, and dignity.
Seite xxix - ... happily force their way to the thrones of princes be it known to them, that they come attended with the...
Seite 134 - L not not guilty : for, to fay the truth, it were the moft unhappy cafe that could be t6 the Judge, if he at his peril muft take upon him the guilt or innocence of the prifoner; and if the Judge's opinion muft rule the matter of fact, the trial by Jury would be ufelefs.