Cyclopedia of Criminal Law, Količina 1

Sprednja platnica
Callaghan, 1922 - 2968 strani
 

Mnenja - Napišite recenzijo

Na običajnih mestih nismo našli nobenih recenzij.

Vsebina

Constitutional and statutory provisions in general
16
Punishment or possible punishment
18
Misdemeanors
23
Infamous crimes
24
Crimes mala in se and mala prohibita
26
Same act may constitute several offenses
28
Merger of offenses
29
CHAPTER 2
36
Indefiniteness of Statutes PAGE
37
In general
38
Estoppel
40
THE COMMON LAW 19 Definition nature and sources
41
Recognition and adoption in the United States
43
Offenses against the federal government and in territory subject to its jurisdiction
45
Abolition of the common law
46
Acts and omissions prohibited and punished
47
Power of CongressIn general
48
Offenses by or against Indians or on Indian reservations
52
Offenses on the high seas
53
Power of state legislatures
56
Power of territorial legislatures
57
B Delegation of Legislative Power 31 In general
58
To the judiciary
59
To private corporations
60
Delegation of power to make rules and regulations or to grant permits
62
Laws operative on future contingency
67
Constitutional Limitations 36 In general
69
Partial invalidity
71
Form of statutes and requirements as to enactment
73
Local and special laws
74
Uniform operation of general laws
77
Privileges and immunities
78
Equal protection of the laws
80
Due process of law
82
Right to make contracts
84
Right to follow lawful business or occupation
86
The police powerIn general
90
Illustrations
96
Classification
98
Religious freedom
105
Freedom of speech and of the press
107
Ex post facto lawsIn general
109
Time of commission of offense
114
Laws creating or aggravating offenses
117
Number qualifications and selection of jurors
122
Changing rules of evidence
123
Laws affecting punishmentIn general
125
Manner and time of executing death penalty
128
Indeterminate sentence
129
Habitual offenders
130
Laws referable to prison discipline
131
In general
132
Illustrations
136
E Construction of Statutes 64 In general
139
Ordinary meaning of language
140
Strict construction
141
Reason and purpose of statute
144
Preamble and title of act
146
Prior judicial construction
149
Construction of statutes together
150
Expression of one thing an exclusion of others
151
F Intention to Make Prohibited Act a Crime 76 In general
152
EXPIRATION AND REPEAL OF LAWS 877 Express repeal
155
Implied repealOf statutes
157
Of the common law
161
Effect of expiration or repeal
164
Repeal of epealing law
168
CHAPTER 3
169
Necessity for criminal intentIn general
170
Accident
171
Construction of statutes
174
Specific intent
176
Concurrence of act and intentIn general
177
Ratification of anothers act
178
Intent may be inferred from circumstances
179
Criminal intention presumed from act
180
Responsibility for unintended results
181
Natural and probable consequences
182
Presumptions and inferences as to specific intent
184
Repentance and change of intent
188
Negligence
189
Wilfulness
191
Wantonness
193
MaliceIn general
194
Express and implied malice
196
MotiveIn general
197
221
198
Good motive
199
Religious belief and belief in impropriety of law
200
CHAPTER 4
202
In general
203
Presumption of coercion and rebuttal thereof
204
Particular offenses
208
INFANTS 107 As affected by ageConclusive presumption of incapacity
210
Rebuttable presumption of incapacity
211
109 Presumption of capacity
214
Incapacity other than mentalIn general
215
Physical incapacity
216
As a defense in general
217
Time of insanity periodical insanity
219
Definitions and distinctions
220
Tests of responsibilityIn general
221
Capacity to distinguish between right and wrongIn general
223
Meaning of rule
226
Insane delusions
227
Homicide
228
Insane irresistible impulse
232
Moral and emotional insanity
236
Dementia præcox
238
Idiots imbeciles feebleminded persons
239
Epileptics
240
Deafmutes
241
Somnambulism and somnolentia
242
Hypnotism
243
Delirium tremens or settled insanity
245
Drunkenness of insane person
247
Drunkenness may negative specific intent or knowledgeIn general
249
Degree of drunkenness
252
Intent formed before becoming drunk
254
Whether intoxication will reduce homicide to manslaughter or as sault
257
Involuntary drunkenness
260
Use of drugs
261
CORPORATIONS 139 In general
263
Whether corporations are persons within criminal statutes
266
Misfeasance
267
Offenses involving evil intent
270
Offenses involving personal violence
272
Municipal corporations and counties
273
CHAPTER 5
276
What attempts are indictableIn general
278
Intended act must be a crime
280
Attempt to commit suicide
282
Overt actNecessity for overt act
283
Sufficiency of overt act preparation
284
153 Particular offenses
287
Intent
292
Abandonment of purpose
294
Effect of consummation of intended crime
297
Solicitation to commit crimeAs an attempt
298
As a substantive offense
299
CHAPTER 6
302
Public authority
304
Prevention of offenses
305
Custom and usage
314
Negligence
316
Effect of being engaged in unlawful
320
Advice of counsel or public officials
326
Of person injured
332
Instigation
341
LX ALIBI PAGE 190 Definition and nature
346
Elements of defense sufficiency of proof
349
Effect of failure to prove defense
355
STATUTE OF LIMITATIONS 193 General principles
356
Computation of time
358
Effect of conviction of lesser offense than that charged
359
When statute commences to runIn general
360
Continuing offenses
361
Conspiracy
362
Embezzlement false pretenses fraud etc
364
201 Rape seduction bigamy abandonment etc
366
Bastardy
367
Exceptions to and interruption of statuteIn general
368
Intent knowledge malice
369
Concealment of perpetrator or of fact of crime etc
370
Persons fleeing from justice
372
When prosecution is deemed commencedIn general
374
Invalid indictment or complaint amendment substitution con tinuance etc
378
Waiver and estoppel
381
IMMUNITY FROM PROSECUTION 210 Immunity of accomplices testifying for stateIn general
382
Extent of right and forfeiture thereof
386
Statutory immunity of persons giving selfincriminating testimony In general
388
VIOLATION OF REGULATIONS RELATING TO INTERSTATE AND FOREIGN
389
Extent of immunity Offenses and prosecution to which immunity extends
391
As dependent upon testimony given
394
As dependent upon proceedings in which testimony is given
397
Effect on pending and subsequent prosecutions
398
INCONSISTENT DEFENSES In general
400
CHAPTER 7
401
In general
402
Offenses in which these distinctions are recognizedIn general
403
222
408
In general
414
Constructive presence
420
233
427
ACCESSARIES
434
244
440
248
446
Guilt of principal
452
Acquittal of principal
459
Degrees
460
In general
462
Combination conspiracy or joint enterprise
463
Acts not originally contemplatedIn general
464
Illustrations
466
Acts outside the common purpose
469
Homicide or assault in order to escape
473
RESPONSIBILITY AS RESULT OF PARTICULAR RELATIONSHIPS A Principal and Agent Master and Servant 265 Responsibility of principal or...
475
Unauthorized actsIn general
477
Statutes dispensing with necessity for authority or knowledge
480
Ratification of unauthorized act
483
Responsibility of agent or servant
485
Responsibility of officers or agents of corporations
489
B Other Relationships 272 Partners
491
Husband and wifeLiability of husband for wifes crimes
492
Liability of wife for husbands crimes
493
Liability of landlord for acts of tenant
494
CHAPTER 8
496
In general
497
Same act may be an offensive against different sovereignties
499
Jurisdiction as between counties
501
Countries states or counties bounded by the seaIn general
502
Bays and arms of the sea
503
Rivers and lakesAs between states
504
As between counties
509
Jurisdiction over foreignersIn general
511
Belligerents
512
Parties concerned in misdemeanors
524
Offenses committed by means of the mail
525
PARTICULAR OFFENSES 298 Abandonment and failure to provide
526
Abortion
529
Assault and assault and battery
530
Attempts to commit crimes
531
Burglary
533
Conspiracy
534
Dueling
535
Embezzlement
536
False pretenses and cheats
541
Forgery and uttering
545
Gaming etc
547
Injury in one county and death in another
549
Act in one country state or county taking effect in another
551
LarcenyTaking in one county and carrying into another
552
Taking in one state and carrying into another
555
Taking in one country and carrying into another or taking on the high seas
557
317 What law governs
558
Libel
559
Perjury and false swearing
560
Robbery
563
Selling or disposing of mortgaged property
564
Threatening letters
565
JURISDICTION AND POWER TO PUNISH AS BETWEEN STATES AND UNITED STATES 327 In general
566
Conflict between state and federal statutes
569
Police power
570
Amenability of federal employees to state statutes
571
Offenses committed on the high seas
573
Offenses on waters within the territorial limits of a state
574
United States forts arsenals dockyards etc
575
Offenses by and against Indians and on Indian reservations
579
Commerce with Indians
583
Army and navy
584
Ambassadors and consuls
585
Election offenses
587
Offenses against national banks
588
Counterfeiting
589
Perjury
590
CHAPTER 9
593
347 The takingIn general
595
Taking from custody of particular person
597
Place to which taken
600
Age of female
602
Chastity
603
Purpose and intentIn general
604
Sexual intercourse
605
Marriage
606
Prostitution
608
Compelling marriage or defilement
610
CHAPTER 10
612
Pregnancy
614
Quickening
616
Dead fetus
617
Means employedIn general
618
365 Noxious substances
619
Efficacy to produce intended result
620
Consent of woman 371 Necessity to save life
625
Parties responsibleIn general
626
Responsibility of woman
628
Advising or procuring commission of offense
630
622 623 625 625 626 628 630 CHAPTER 11
632
ARSON
634
The property burnedDwelling house
635
Outhouses curtilage 379 Other structures made the subject of arson by statute
637
Occupancy
640
Value
642
Ownership Burning ones own buildings
643
Husband and wife
645
384 Occupant regarded as owner
646
The burningIn general
648
Means by which fire is communicated
650
Time
651
Intent and maliceIn general
652
Burning jail in order to escape
654
Setting fire to one building and burning another
655
urning for purpose of defrauding insurance company 632 634 635 637 637 640 642 643 645 646 648 650 651 652 654 655
656
CHAPTER 12
660
Definitions of assault
661
Acts constituting an assaultIn general
662
Pointing or drawing weapons
666
Definitions and nature of battery
668
Acts amounting to a battery or assault and batteryIn general
669
Particular acts
670
Indirect injuries
671
IntentIn general
672
Actual and apparent intent
674
Unintentional injury in doing unlawful
677
666
679
Assaults with intent to commit some other offense
688
411
694
669
699
Assault with deadly or dangerous weaponGeneral considerations
700
Assault with intent to do great bodily harm
706
Ability to commit intended crimeIn general
712
670
716
Malice and intent
719
SelfdefenseIn general
725
Resisting arrest
731
671
738
Adultery with or insult to wife or relative
744
Persons incapable of consenting
748
Accusing or threats to accuse of crime
755
Force or fear
761
CHAPTER 14
767
672
770
Statutory provisions
773
674
777
464
779
467
785
Time of breaking and entry
791
Intent inferred from circumstances
797
Definition and nature
804
The conspiracy or agreementNecessity for agreement
805
Necessity for two conspirators
810
Overt actNecessity for overt act
813
Sufficiency of overt act
815
Intent
817
Unlawful object or means
818
Criminality of object
820
Conspiracy to do what it would be lawful for individual to do
821
Distinction between conspiracy and object
822
Failure to accomplish object impossible object
823
Pecuniary benefit
825
Conspiracy to commit crimeIn general
827
Conspiracy to commit an offense against the United States
829
Where contemplated object necessarily involves concert of action
832
Conspiracy to defraudIn general
834
Conspiracy to defraud the United States
836
Conspiracy to pervert or obstruct justice
839
Conspiracy to do immoral acts
840
Conspiracy to injure another in his trade or calling
841
Combinations among workmen
842
Conspiracies to injure trade or commerce or in restraint of trade
845
Conspiracy to prevent free exercise of rights secured by Federal Con stitution or laws
847
Seditious conspiracies
849
Acts for which conspirators are liable
850
Effect of withdrawal
851
CHAPTER 16
853
GENERAL CONSIDERATIONS 8 511 Definition and nature
854
Distinguished from other offenses
856
677
858
Ownership
860
general
862
Effect of right to commission or fee out of fund
864
Partners
866
Husband and wife
868
Property unlawfully acquired or held
869
Possession of burglars tools
871
Bailees
874
Delivery by third person to agent or servant
876
PERSONS WHO ARE WITHIN THE STATUTES 524 In general
877
Clerks and servants
879
Agents
881
Bailees
884
Public officers employees etc
889
Officers employees etc of corporations and associations
892
In general
893
Relation of trust or confidence
894
Money or property received by mistake
896
Effect of right to commingle funds
898
Bankers and brokers
900
Receipt by virtue of office
901
Receipt by virtue of employment
903
Estoppel
906
VI THE CONVERSION OR EMBEZZLEMENT 539 Necessity for conversion
908
What constitutes conversion or embezzlementIn general
909
Failure or refusal to account or pay over
913
Necessity for demand
916
Necessity for personal gain
918
Authorized acts
919
Series of acts
921
Effect of restitution etc
922
THE INTENT 547 In general
924
Mistake negligence or claim of right
926
Intent to pay or secure debt
928
Intent to use temporarily
930
Intent inferred or presumed
931
CHAPTER 17
935
The detention
936
Unlawfulness of detention
937
Intent and malice
938
CHAPTER 18
940
A Forgery 8 556 Definition and nature
941
False making of instrumentIn general
943
Making false writing in ones own name
944
Signing fictitious or assumed name or name of dead person
945
The subject of forgeryGeneral principles
947
Particular instruments
948
False entries in books of account
950
Recommendations and certificates of character
952
Falsifying or altering public records
953
Manner of making instrumentIn general
954
Filling blanks
955
Alteration of instruments In general
956
Illustrations
957
Capacity to injure
960
Legal efficacy of instrumentIn general
962
Void instruments
965
Imperfect or incomplete instruments
967
Apparent validity or efficacy
969
Similitude of instrumentIn general
971
Handwriting and signature
972
Fraudulent intentIn general
974
General or particular intent
977
Injury
978
B Uttering Forged Instruments 580 In general
980
Forged instrument
981
Knowledge and intent
982
Injury
988
OFFENSES AGAINST THE LAW OF NATIONS
991
Mutilation and alteration of coins notes and bills
994
Uttering and passing
1000
443
1002
Avtorske pravice

Druge izdaje - Prikaži vse

Pogosti izrazi in povedi

Priljubljeni odlomki

Stran 225 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Stran 486 - When any offense against the United States is begun in one judicial district and completed in another, it shall be deemed to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein.
Stran 237 - ... to be considered by the jury, In connection with all the other evidence. In...
Stran 111 - By an ex post facto law is meant one which imposes a punishment for an act which was not punishable at the time it was committed ; or imposes additional punishment to that then prescribed...
Stran 788 - Without attempting to review and reconcile all the cases, we are of opinion that, as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means.
Stran 543 - When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State...
Stran 142 - The rule that penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial, department. It is the legislature, not the Court, which is to define a crime and ordain its punishment.
Stran 5 - Wrongs are divisible into two sorts or species: private wrongs and public wrongs. The former are an infringement or privation of the private or civil rights belonging to individuals, considered as individuals; and are thereupon frequently termed civil injiiries : the latter are a breach and violation of public rights and duties, which affect the whole community, considered as a community ; and are distinguished by the harsher appellation of crimes and misdeí
Stran 6 - The question whether a statute of one State, which in some aspects may be called penal, is a penal law in the international sense, so that it cannot be enforced in the courts of another State, depends upon the question whether its purpose is to punish an offence against the public justice of the State, or to afford a private remedy to a person injured by the wrongful act.
Stran 86 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...

Bibliografski podatki