A Law Dictionary; Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union - With References to the Civil and Other Systems of Foreign Law: To Which Is Added Kelham's Volume 2 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ...disregarded. Those eras are in history found fatal to liberty, in which cruel punishments predominate. Lenity should be the guardian of moderate governments; severe penalties, the instruments of despotism, may give a sudden check to temporary evils, but they have a tendency to extend themselves to every class of crimes, and their frequency hardens the sentiments of the people. Una oi rigoureuse produit des crimes. The excess of the penalty flatters the imagination with the hope of impunity, and thus becomes an advocate with the offender for the perpctratiug of the offence." Vide Theorie des Lois Criminelles, ch. 2; Bac. on Crimes and Punishments; Merl. Rep. mot Peine; Dalloz, Dict. mot Peine-, and Capital crimes. 10. Punishments are infamous or not infamous. The former continue through life, unless the offender has been pardoned, and are not dependant on the length of time for which the party has been sentenced to sutfer imprisonment; a person convicted of a felony, perjury, and other infamous crimes cannot, therefore, be a witness nor hold any oflice, although the period for which he may have been sentenced to imprisonment, may have expired by lapse of time. As to the efi'ect of a pardon, vide Pardon. 11. Those punishments which are not infamous, are such as are inflicted on persons for misdelneanors, such as assaults and batteries, libels, and the like. Vide Crimes; Infamy: Penitentiary. Pumsnm-zur or nssrn. The deliberate killing, according to the forms of law, of a person who has been lawfully convicted of certain crimes. See Capital crimes. PUPIL, civil law. One who is in his or her minority. Vide Dig. 1, 7; Id. 26, 7, 1, 2; Code, 6, 30, 18 3 Dig. 50, 16, 239. One who is in ward or guardianship. PUPILLARITY, civil...