New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-07-30
THE NEW PENAL CODE.

The Penal Code of the State of New-YOrl.
which has been duly passed and approved by
the Governor, is not to go into operation as
law, at present. The date named for its taking
effect is May I, 1882. A two-fold object is
secured by the nine months postponement.
First, the public will have time to study its
provisions and detect its faults, and second,
the Legislature will have opportunity to amend
it as may be found desirable.
This code is cOmpend, practically complete
and exhaustive, of the whole law of this State
under which punishments may be inflicted. IT
does not deal With proceedings or affect civil
rights, to any great extent The gist of it is
stated in these opening Words "No act or
omission shall be deemed punishable,
except as prescribed or authorized by this code"
etc. 1t practically repeats all statutes underwhich
heretofore any person might he hanged,
imprisoned, fined or dsfranchised and also
embodles concise statements of all the princ-
pies of penal Jurisprudence deemed important
to enable the courts to decide whether q Gull
prit has incurred penalty of law To use
again its own Words "This code specifies
the classes of persons who are deemed ca
"pable of crimes, and liable to punishment
" therefor, defines the nature Of the various
crimes, and prescribes the kind and measure
H..
thus the most comprehensive measure of
criminal law ever put forth in this State.
The history of the measure briefly stated,
is that the Constitution of 1916 directed two
Qualifications one of procedure, which has
been recently completed; another of the gen
eral law of the State. Under this direction the
board known as the Commissioners of the
Code composed of Messrs. David Dudley
Field, William Curtis Noyes and Alexander w.
Bradford-was created for the duty of franz
ing three codes of political, civil and penal
law. 1t is known from the deliberations of
the Legislature upon their reports that the
first preparation of the political and civil codes
was chiefly undertaken by Mr.. Field The
framing OF the Penal Code was assigned. as
among the Commissioners, to Mr. Moves the
actual drafting of the sections, with the notes
and other matters involved, after the plan and
analysis was settled by the Commissioners
having been lntrusted to Mr.. Abbott, then
Their secretary, since one of the Commissioners
by whom the United States statutes were re-
vlsed The draft having passed the ordeal of
being twice read and considered by the Board,
and twice printed and distributed extensively
Tor advisory suggestions, was submitted to the
Legislature. Much labor has been bestowed
on it by another Board, the Commissioners TO
revise the statutes, and also by the committees.
with the cooperation of Mr.. Field. 1t has once
at least before this year passed both houses,
but failed of the Governors approval.
The Code opens with three titles embodyinp
general principles of criminal law; many of
them are such as heretofore have not been dis
tinctly declared, but have been matters of oues
ton and argument in the courts. Thus the
vexed question of moral insanity is here settled
-conformably to decision of the Court
OF Appeals rendered since the report was made
by the plain declaration: morbid prOpensitv
to commit prohibited acts existing in the mind
OF person not incapable of knowing they were
wrong forms no defence. SO, the old-fashioned
doctrine that wife can not be punished for
an act done in her husbands presence is repu
dated. The doctrine of self-defence is
definitely stated; and so are the rules govern
ing those very perplexing cases in which a
crime is committed partly within partly outside
the state. Then follow some $50 sections
defining all known offences and allottinp the
punishments. Several articles would be need
ful to give even an outline in detail. In
general the existing statutes are closely fol.
lowed in their substance. Additional provisions
are inserted to supply defects in the former
statute laws or to make the law clear mon
points heretofore doubtful. A general defin;-
ton is often substituted for numerous statutes.
What are called in the parlance of the court room
"common-law rules" declaring the proof neces
sary to establish any particular offence, are
freely inserted. The enumeration of specific
offences is very minutes the attempt has evil
IDENTIFY been to give an appropriate provision
for every description of crime which can be
anticipated; yet, to cover possible cases which
may have escaped attention, some general pro-
visions are made like this: A person who
wlliuily and wrongfully commits any act
which seriously Injuries the person or property
OF another, disturbs or endangers the public
peace or health, openly outrages public de-
cency. etc., is punishable for misdemeanor