The Providence news. (Providence [R.I.]) 1891-1906, 1893-03-09
ABOUT CRIMINAL LAW.
Lecture by the Hon. E. D. McGuln-
ness at Brown University.
SPEAKS BEFORE THE STUDENTS.
An Address Involving the Definition OF
Crime. the Divisions of the Law he-
lating to 1t and the Law of Criminal
Procedure.

The Hon. T. ID. McGuinness lectured at
Brown University today on criminal
law. In substance he said
81 have been requested to speak to you
today on the subject OF criminal law, es-
pecially as it is related to the subject OF
penology.
Criminal law is as old as the race. In
all conditions of society laws or rules OF
action exist determining crimes and met
ing out punishments TO those who trans
gress those laws. 1t is OF criminal law,
OF the two highest crimes known TO the
law-treason and murder-that sacred
history makes earliest mention.
1.-The thirteen orig NAL colonies received
their laws as they did their forms OF gov
ernment, from England, aud In them
AID in the greater part OF this country
the English common law sis the founda-
tion OF the criminal law.
In general it may be said that the
English common law, modified. first. by
the constitution OF the United states;
second, by the constitutions and statutes
of the several states. and, third, bv the
decisions of the courts OF last resort.
modifying and adapting it To the
changed conditions of the people. constt-
tute the criminal law OF this country.
"The subject OF criminal law in its
most compre hensive sense may be divided,
to use the classification OF Mr.. Justice
Stephen, into First, the substantive law
by which crimes are defined; second, the
law of procedure by which the substau-
tive law is applied to a particular crime.
1t is of criminal law. in the sense OF the
substantive law, as it treats OF the pre-
cepts aud mandates of the law, and the
penalties for their violation that / will
speak today.
"Blackstone defines a crime as any act
com mi ted or omitted in violation OF "A
public law either forbldding or COM
manding it.
This definition has been criticised as
being too comprehensive. Another def
milton is "a wrongful act done intention
ally without any good excuse but this
is too general, also. They both contain,
however, the essential points in the def
milton OF crime.
What Is n Crime?
"Wnat constitutes a crime :. There are
four things which constitute a crime
The overt act, the criminal intent, the
public character OF the act, ana the pub
lie punishment.
'aTo constitute n crime there must be
an overt act either OF commission or
omission. Criminal intent, at common
law, or criminal negligence implying
criminal intent, is essential in constitut-
ing n crime. Children under are sup
posed to be unable TO know what u crime
Is. In the cases of children between the
ages of Z and IA there may be rebuttal
OF evidence. Over IA the law is the same
az that applying to adults.
Ignorance of law is no excuse. Ac-
cordiug to the United States statutes
oleomargerine must be sold from the
original packages III a retail dealer sold
In, oil AT of In
ance would not be au excuse. Ignorans
of fact is au excuse. 80 IL a person
should mistake for burglar servant
and should shoot him his ignorance of
fact would be excusabe.
1.-THE public character Of the act d.
vides the line between crime and tort or
a private wrong IL is not the office of
criminal law to promote morality. Ger
tain private wrongs are lot noticed by
the civil law
"We must not presume that all crimes
are moral wrongs. Violation of the game
laws is not recogni zed in the civil law as
a moral wrong.
1--WE now come to the public punish
ment of crime. A law which describes a
crime is not complete unless providing
Tor its punishment. Relative aud abso-
lutte theories are the two things which
determine the punishment Of crime. Pun
ishment greater than the offense, says
Dr.. Franklin, Is SO much punishment of
innoce ice.
while prevention, reformation, aud
example should be set in view, we
should remember that the primary opj ect
OF punishment is rel rbution. For the
violation OF law of health punishment
follows in proportion To the crime, and
this IN true of the laws of society. Grim
inal law proceeds on the line that it is
morally right TO hate criminals aud they
should bc punished according TO that
principle.
Capital Punishment.
"In crimes punishable by death we see
punishment by the state. The funda.
mental principle of punishment of crime
by the state is retributive.
The various crimes have been grouped
into al fferent classes by different - riters
Blackstone divides crime into five classes:
Offenses against God and religion Of
fenses against the nation, treason Of
lenses against the chief executive; Of
fenses against the wealth,
against justice. peace. trade, health aud
policy, and onenses against economy or
policy.
"The distinction between felonies and
misdemeanors IL au important one. In
the commission of "A crime by intent 10
commit another he distinction between
In criminal procedure the accused
must be confronted by the witnesses
against hin. In criminal cases the pre-
sumption Of tie innocence Of the accused
exists aud the evidence must overcome
this presumption. No person shall be
subject for the same offsnse TO twice be
put In jeopardy OF life aud limbo
''Ihe criminal side OF the law Is the
least remunerstive but gives opportunity
Tor eloqueuce on the lawyers part For
instance, Burke's masterpiece in Warren
Hastings's case, and la our country, Dan
iel Mebster's plea In the White case at
Salem"
Mr. McGunuess closed by stating that
" he had said anything he should not
have said or had left unsaid what be
should nave stated IL was bis first offense
and he asked leniency at the hands OF
his hearers
I A