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 26
... force of public opinion , guided by a spirit which it has created , and diffused , and perpetuated , we shall see the reason why the trial by jury , though by no means perfectly organized , is , in that country , justly consi- dered as ...
... force of public opinion , guided by a spirit which it has created , and diffused , and perpetuated , we shall see the reason why the trial by jury , though by no means perfectly organized , is , in that country , justly consi- dered as ...
Страница 36
... force of example ; but what punishment can be devised to deter him , whose very crime consists in the infliction upon himself of the greatest penalty your law can denounce . Unless , therefore , you use the hold which natural affection ...
... force of example ; but what punishment can be devised to deter him , whose very crime consists in the infliction upon himself of the greatest penalty your law can denounce . Unless , therefore , you use the hold which natural affection ...
Страница 49
... force when we reflect on the slow progress of all improvement , and on the stubborn principles of the common law , which have particularly retarded its advance in jurisprudence . In England , their parliament had been debating for near ...
... force when we reflect on the slow progress of all improvement , and on the stubborn principles of the common law , which have particularly retarded its advance in jurisprudence . In England , their parliament had been debating for near ...
Страница 50
... force since the mass of the ́people have began to think for themselves ; and since legislation is no longer considered as a trade , which none can practise with success , but those who have been educated to understand the mystery ; the ...
... force since the mass of the ́people have began to think for themselves ; and since legislation is no longer considered as a trade , which none can practise with success , but those who have been educated to understand the mystery ; the ...
Страница 51
... force of the exam- ple on others . If this spectacle of horror is insuffi- cient to deter men from the commission of slight offences , what good reason can be given to persuade us that it will have this operation where the crime is more ...
... force of the exam- ple on others . If this spectacle of horror is insuffi- cient to deter men from the commission of slight offences , what good reason can be given to persuade us that it will have this operation where the crime is more ...
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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.