New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-01-27
A CRIMINAA CODE fOR EyGLAyD.
OUTLINE OF THE BILL BEFORE PARLIA-
MEM.


MEM.
SIR JANIS FmZGANEs STEPHEN's CLFAP BEGFF AND
CoNPRrHFH~iVE WORK. VAST AMOUNT OF
RUBBISH SWEPT AWAY-CRNGNAL LAW AND
CrIMINAL Practice ~ TIL FUTURE.
To thp EAttCr Of The TFt6Wne.
SIR: While the merits of the latest attempt at
codIlcaton in this state are debated by lawyers
ana Legislatures. jhe English are about 70 make an
important change tEcir las" audadopt code a. to
the value oi winch here will he qucs ion. They
are furIunatc IN having them man of prcrmI-
nrut ability in making brief and clear statements
Of the hw a> it exists, and of bolincss and JddG-
mcut rs to needed changes. The criminal code
which has been introduced IN Parliament by the
Attorney ( General and which viii DOUBTLESS become
tLe law Of tne land during the coming scssoi, was
entirely drawn. it is understood, by Sir James fItz
lanes Stephen. No commissioners, at liberal
salaries, have occupied years IN mcditating
upon tins measure. Yet it is an embodiment of all
thug. which a code should be. l. Is OF extFaor-
binary brcvity volume OF 40 pages contains
the criminal law and regulates the criminal prac-
tee of England It is Of equal clearneS,. There
are few provisions which could not be understood
hy a layman quite rs vel as by the most profound
Of Judges. 1t combines bOldncss and Judgment.
The ancient abuses OF the law, which IN the long
process, Of time have grown 50 familiar to lawyers
that they az, fondiy deemed 10 be cOrner-st0neS IN
tLo Temple of Justice, are largely swept away
The system of criminal Jurisprudence which
EXISTS in England. and in only slightly mod
ifed form in this State, is 50 imperfect. so
full of fictiun-, Inconsistencies and ahsurdlties
of loop-holcS through which the guilty may
e.c,,,.. that It's revision. codtcation and amend
ment are far more needed for the public veal than
the changes IN the mode of serving a summons by
.t,1t
similar forms in civil procedure. which present
absorb our attention. The system that allows tie
guilty to escape Is quite rs faulty as that
which binders the innocent in their defence.
The condition of the criminal law in Eng
land is even moro lamentabe than IN this State.
For tho laws by which crime Is defined and IT'S pun
lshmont prescribed extend over q period of more
than FIVE hundred years and Ire to be found in the
statute books fOm the first of Henry III.
TO the last Of Victoria. These have been eX
pounded. enlarged or limited by inuumer.blc
decisions of the courts. Laws nave become
obsolete: they have been amended, modified or
repealed by acts winch must be searched through
l. 800 volumes OF statutes. Doubt arising a. to
their true meaning and intent can he satisfied by
fine examination % 100000 reported DECISIONS
Long ago Edward VI said :" could wish
that when time shall serve, the supertlu0us and
tedious statutes were brought into sum together
and made plain and short, to the intent that men
should better understand thom.' Very gross
anolnale, and abuses have grown up, partly from
the confusion OF statutes partly from the irrational
principle and practice of tAe common law, which
are still in full force. Some word or clause is
omitted from the lengthy Indictment the place of
rhe commission of a crime IL land IN the
town OF A. instead of in the adjacent town
Of Is: the facts proved Just carry the crime
beyond theft. the offence charged into
the borderland of embezzlement; in every such
case there can be no amendment the defect is fatal
and tho cuprlt walks of in the ewes of the law an
innocent man. striking illustration of this is
seen in a late case in England. where gamekceper
WAS tried for shooting bis employers rabbits snd
taking them off to sell. He had been captured in
the very act, red.handed. But rabbits are "trG
noti,G,' If wild nature and may not be the
subject Of theft So he cOuld not be
convicted of stealing Nor more could he be of EN-
bclllcmcnt The rabbits indeed were his employ
crs property. and the keeper had converted them Ia
his own usr. But. says the court, he did not re-
cciyc them ~ his masters property; he shot the
rabbit, not rs his MASTERS hui with the original
purpose of taking them himself. This Is not en-
hcZllement, aud therefore II was resolved by tie
whole Court of Crown Cases Reserved that The de-
PENDANT had committed ho crime and must bo dis
charged.
THIS medley of statutes and decisions SIT James
has succeeded reducing 10 moderate and co.
hcreut form. The criminal code of England will be
one under which there will be little cause Tor com
plant over failures of justice. The whole comp.i-
Gated system of cumnal practice - swept
away. Intricate and lengthy indictments
are abolished. An ordinary Indictment
for murder IA England and IN tins Statr would oil
about three pages OF legal cap. The indictment Ia
be- used IA England IN tuturo after caption giving
the title OF the court and the name OF the defendant,
state, the statute defining the crime: Criminal
Code, section ~; and the offence: " a murdered
! Il al -- on - And any amendment winch
dos NOT operate to the dcfcudaut's prejudice
! may he allowed to tins simple pleading.
The learning Of entity and the Ingenuity OF
special plcadcrs can devise no indictment which
Shall INFORM the defendant more clearly than does
thus of the offence of which he Is charged The
wonder Is that So long time should nave elapsed
aud many defeats oi justice should have been al
lowed before 81 simple change should have been
/ made.
Thencw Code proceeds with equal yIgbr to d0
away with other abuses and anomalies. An error
ia the venue, 10y which when man IL tried III one
! county and it is found ho committed the crime
| three feet beyond tho county line. he escapes ~
| safety, no longer will work hIm IN safe deliver.
! ance. Unless the COurt thinks the Prisoner