Remarks on Criminal Law; With a Plan for an Improved System, and Observations on the Prevention of Crime (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834. Excerpt: ... practised towards those members of the state who may have committed some breach of the laws, but who may be really less reprehensible than others, who have been so fortunate as to escape detection, or so cunning as to avoid placing themselves within reach of the punishment that the laws have awarded to their crimes. The fundamental principle that should alone govern the criminal code of every enlightened state appears, from what has been said, to be simply protection--protection of person and of property; and all beyond this is superfluous, and belongs not to the province of the state. SECTION VI. SOME PRACTICAL RULES ENUMERATED, FOR THE BETTER WORKING OF THE PROPOSED SYSTEM. We have now to detail some rules of minor importance, which are necessary to form part of The darkest periods in the history of our species have been caused by the usurpation of the private rights of individuals; and this has too frequently been effected by means of a pretence similar to that by which it is now the custom to justify the most minute interference with the very thoughts, as well as actions, of our erring criminal brethren. a just, effectual, and permanent system of Criminal Law, and which are not only in unison with the great principle we have pointed out, but are its natural results, and do not involve any of the errors to which our present system is liable. First.--Every individual who shall be convicted of violating the laws, or of disturbing the peace or security of society, shall be subjected to such personal restrictions as shall be fully adequate to prevent him transgressing a second time against the laws of society at large; and whicn personal restraint shall be continued with undiminished effect during the lifetime of the individual, should it be found necessa...