Report Made to the General Assembly of the State of Louisiana: On the Plan of a Penal Code for the Said StatesB. Levy & Company, 1822 - 159 страница |
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Страница 22
... capital cases ; and in all others , both civil and criminal , was left , as in all cases it is now , op- tional with the parties . In the second grade of government , it was provided , that the people should have the benefit of the ...
... capital cases ; and in all others , both civil and criminal , was left , as in all cases it is now , op- tional with the parties . In the second grade of government , it was provided , that the people should have the benefit of the ...
Страница 26
... capital cases also , the extent to which challenges are allowed , is calculated to defeat any improper practices ; and when we add to this the general veneration for this mode of trial , the force of public opinion , guided by a spirit ...
... capital cases also , the extent to which challenges are allowed , is calculated to defeat any improper practices ; and when we add to this the general veneration for this mode of trial , the force of public opinion , guided by a spirit ...
Страница 55
... capital cases , must be exercised , if at all , with- out loss of time ; without that insight into charac- ter , which the penitentiary system affords . It is therefore , necessarily liable to abuse ; and there is this further objection ...
... capital cases , must be exercised , if at all , with- out loss of time ; without that insight into charac- ter , which the penitentiary system affords . It is therefore , necessarily liable to abuse ; and there is this further objection ...
Страница 57
... capital punishments ; but there are others no less cogent . To see a human being in the full enjoyment of all the faculties of his mind , and all the energies of his body ; his vital powers attacked by no disease ; injured by no ...
... capital punishments ; but there are others no less cogent . To see a human being in the full enjoyment of all the faculties of his mind , and all the energies of his body ; his vital powers attacked by no disease ; injured by no ...
Страница 58
... capital offence ; they neglect their business , and crowd round the court ; the accused , the witnesses , the counsel , every thing connected with the investigation becomes a matter of interest and curiosity ; when the public mind is ...
... capital offence ; they neglect their business , and crowd round the court ; the accused , the witnesses , the counsel , every thing connected with the investigation becomes a matter of interest and curiosity ; when the public mind is ...
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accessaries accomplice accused acknowleged act or omission adopted apply arrest ascer assembly authority bail capital punishments cause chapter civil commission committed common law COMPETENT tribunal confined constitution conviction court or judge crime criminal courts criminal law custody directed discharged duty Edward Livingston effect English law established evil execution exercise favor force fourth book give guilty habeas corpus human illegal imprisonment inflicted innocent institution intended issue judge or court jurisprudence jurors justice legislation legislative power liberty Louisiana magistrate manner means ment minds misdemeanor mode murder nature necessary never offence officer operation party passions penal law penalty person present principal offender principles prisoner produce proper prosecution provisions punishment of death reason reformation religion remedy render restraint rules securing sentence shew sion statute suffer sufficient tence tical tion trial by jury truth warrant witnesses writ of habeas
Популарни одломци
Страница 31 - If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying, Let us go and serve other gods...
Страница 151 - When the jurisdiction of such court or officer has been exceeded; 2. "When the imprisonment was at first lawful, yet by some act, omission, or event which has taken place afterwards, the party has become entitled to a discharge; 3.
Страница 73 - I have no pleasure in the DEATH of a sinner, but rather that he should TURN FROM HIS WICKEDNESS AND LIVE.
Страница 136 - ... names be unknown or uncertain, he may be described by an assumed appellation ; and any one who may be served with the writ shall be deemed the person to whom it is directed, although it may be directed to him by a wrong name or description, or to another person: 2. If the person who is directed to be produced, be designated by name; or if his name be uncertain or unknown, he may be described in any other way, so as to designate the person intended.
Страница 151 - If it appears on the return of the writ that the prisoner is in custody by virtue of process from any court of this state, or judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restrictions of the last section: 1.
Страница 3 - SECTION 1. Be it enacted by the senate and house of representatives of the state of Louisiana...
Страница 64 - The fate of one set of culprits, in some instances, had no effect, . even on those who were next to be reported for execution ; they play at ball and pass their jokes as if nothing was the matter. I have seen the last separation of persons about to be executed. There was nothing of solemnity about it, and it was more like the parting for a country journey, than taking their last farewell. I mention these things, to...
Страница 140 - ... shall make a return, in like manner, and the like proceedings shall be had, as if a writ of habeas corpus had been issued in the first instance.
Страница 139 - Where it appears, by proof satisfactory to a court or judge, authorized to grant either writ, that a person is held in unlawful confinement or custody, and that there is good reason to believe that he will be carried out of the State, or suffer...
Страница 151 - Where the court has exceeded the limits of its jurisdiction, either as to matter, place, sum or person. 2. Where, though the original imprisonment was lawful, yet by some act, omission or event, which has taken place afterwards, the party has become entitled to his liberty.