New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-16
OF CERTAN AND
PBENCu CRIMINAL JJEssPfsu'
pENCE.

srctige. The practice and principles are 50 singular ana
50 essentially different from those Of the Common Law as
to excite NJ times real establishment. In England and
America The party CHARGED with any crime in The eyes
OF the Inv innocent unless lie should be so unfortunate s
to be tried bya military commission, when the contrary
proposition seems to be ,ruc until he is proved glyi
tue prctioal effect Of The German rule that the accused
is accounted guilty until bis innocence Is established
This however, ia the Frances except as to the
military commission In most Of the German states,
criminal trials are seCfetin Austria in Of unusual
scandal they arc entirely On example Of regard TOT
public decency and morals that might sometimes be pioh
ably followed by American and English Courts. In gen
eral few auditors admitted by permission Of the
Court; these must be # mature age and OF Known respect
ability ond gonnerau!y apPearance Inc accused Is Gnu
tied have certain number Of s chosen friends present
There is 10 Jury: the Judge OF The Courts exercising ihe
functions usually committed jurors In Franco there
is uy Of twelve in criminal cases, but jury returns 40
general verdict Of guilty" or "not guilty Certain
questions, constituting the material points on tnal arc
submitted TO the jurors and to each Of these an Affirmative
negative answer is made attrbung criminal intent
any be found They may also find extenuating crcum-
stances. These returns of the jury mado upon the
"honor aud conscience" of the juror Many intelligent
American lawyers advocate similar rule in Courts
and some 20 so far doubt whether oath, in general
adds anything 70 wtHesss of obligation TO tell
tho truth. AZ frat, this seems little startling, but
there genuine philosophy at tho bottom OF it. If tie
verdict the Jury be unanimous the Judges are bound by
IT, when majority only render verdict if the Court be
convinced that it IL rendered under mSconcepon Of the
real state OF the facts the may be remanded to new
ury OF course a. in our Courts, there is appeal to
higher court in certain cases. questions Of Law only, how
ever, arc submitted.
The whole German system of criminal Jurisprudence
seems to DO based upn the ideas of the celebrated Feuer
bach who was born at Jena in l77j. Ho wrote book
containing his views carly 1900 or ls0l in which he
maintained that Judge should be guided by his
discretion but that in every the decision should
be determined by express deivomnce Of the penal law
whence tho name of Rigorss" TO those jurists who
adopted his opinions His code has been described as ON
bodying logical connection strict deductions, complete
development of the principles Of penal law correct goner
elizaon and specification of crimes and misdemeanors
and precise determination penalties" In S9i be formed
criminal code for Bavaria, which is still tho law with
some modhcatiol in that country, and forms the basis
for the criminal codes Of several Of the German States and
also for Of the Swiss cantons Feuerbach assas
snatcd in 1885, it is thought by persons involved in
celebrated criminal THAT of Casper Hauser in which
be concerned counsel. II is part Of bis system
that crime ought be severely punished in proper
ton as tho opportunities and temptations to its commits
sion great Sanford Penal Codes in Europe so
says Tho German usts find the greatest popularity in
Feuerbachs system TO be his theory Of melting out pun
shments when the law has not defined the precise
grade Of punishment it DO determined by the Judge
in Observance Of the following principles The punishment
must be increased in proportion the reasons for obyns
the law are numerous and important; tho obligations
violated By the offender great and serious as the
criminal Is in condition clearly TO know his motives for
the commission of the crime; the hinderanoes to tho
commission Of the crime great the criminal was
nstgated by his own impulses OF by external circum-
stances; tho offender by the continued practice OF bad
manners and the performance Of loose actions has become
intractabo and disposed to crime and the uss aud
passions manifested in the commission we're dangerous and
malicious. On the other hand, the punismentS are de-
creased when the offender having opportunity to com
nit greater crime restrained himself voluntarily 20
ser onei when he takes pains TO prevent the conse
qucnces Of his crime voluntarily To repair injury dcne
when he voluntarily doiSers himself up ustcei when
the first second examination be confesses his guilt
or lastly when he has given information which has led to
the detection Of other criminals furnished OPP
portunities for their seizure" II Feuerbach who
caused jures be suppressed and their functions to be
committed TO Judges Of the courts The chief feature in
bis system is the method of developing the guilt OF
accused persons But before any proceedings after ar
rest the fact Of the crmc-the corpus delict-mus DO
sufficiently established Men have been convicted, and
sentence executed number Of under the English
Common Law, where crimo was actually committed
The celebrated Vermont of the Covns is not yet out
Of memory; in which two brothers under sentence Of
deathhaying actually confessed crime which they had
committed Their execution was prevented by the
appearance on the morning of the day in which they
to be hanged of the murdered man HIMSELF BY Feuer
baoh's system, no criminal be punished until he
hos In Norton POmc-
roy, in his Municipal Law" IA book of substantial
merit, thus describes the proceedings against pris
" In prosecuting the investigation, the Judge ex
amnes witnesses who have known the accused from child
hood and through his whole life endcavors to trace with
the utmost particularly, his history from his birth up to
the time of aues dwes upon former suspicious acts or
circumstances In which be may have been involved learns
his business his property Of livelihood his sta
on in life his friends and Associates his habits lis re
gous opinions and praccesi in Short everything which
will tend to throw light upon his real character and dspo
son. AZ he approaches tho time Of the oense he at
tempts to obtain complete transcript Of the prisoners
daily life, his every act and word THIS is all to ascertain
whether it be probable that he would have committed the
crime charged against him. 1t is practical application
in judicial problem Of the argument priori In collect
ing evidence the examining Judge does not restrict him
self to that which involves the prisoner but is equally
careful 10 discover and oil which is in his favor
While the Judge is thus proceeding with the other
Witnesses he will be conducting the examination of the
accused himself and reliance is placed upon this
portion Of the proofs than upon all the resi-. heexamna
ton in private attended only by notary The nature
Of the charge is concealed from the prisoner nor is no
allowed to see the dispositions of tho Witnesses or informed
a. 70 tho nature Of their contents. The Judge commences
the interview by exporting him TO tell tho truth and make
full disclosure. He is fret asked If he knows why he is
arrested and If he processes 10 DO Ignorant or gives false
or proyacating answer, no is again warned TO tell the