Sentence Cap - Law Dictionary Search Results
Home Dictionary Name: sentence cap Page: 5Murder
Murder [fr. morthor, morthen, Sax.; murdrum, Low Lat.]. It is thus defined by Coke (3 Inst. 47): 'When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, with malice aforethought, either express or implied'; see 4 Bl. Com. 195. Consult Russell on Crimes; Arch. Cr. Pl.; Steph. Dig.(1) The person committing the offence must be conscious of doing wrong, and able to discern between good and evil. See IDIOT; LUNATIC; DRUNKENNESS AND MACNAUGHTON'S CASE.(2) Death must result within a year and a day after the cause of death administered, see R. v. Dyson, (1908) 2 KB 454.(3) The person killed must be a reasonable creature in being, and under the king's peace.(4) The killing must be with malice aforethought, express or implied, and malice is implied from the perpetration of any felony, however absent from the mind of the perpetrator any intention to kill may be. When the act by which death is caused is done with the intention of causing death (See Indian...
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
Prerogative of mercy
Prerogative of mercy. In early times the operation of the Royal Prerogative of Mercy was far wider than at the present day, as it was not only extended to some persons who in later ages would not be considered to have incurred any criminal respon-sibility, e.g., persons who had committed homicide by misadventure or in self-defence (Pollock and Maitland's Hist. Engl. Law, vol. ii., pp. 476 et seq.), but was even extended to jurors who had been attained for an oath that, though not false, was fatuous: ibid. p. 661. The power of pardoning offences is stated by Blackstone to be one of the great advantages of monarchy in general above every other form of government, and which cannot subsist in democracies. Its utility and necessity are defended by him on all those principles which do honour to human nature: see 4 Bl. Com. c. 31, p. 397. In early times, again, there were fewer offences that did not admit of being pardoned. In appeals (i.e., private accusations of felony) which were not the s...
Remit
Remit, means to pardon, to refrain from inflicting to give up. A remission of sentence does not mean acquittal, Ram Deo Chauhan v. State of Assam, AIR 2001 SC 2231. [See Constitution of India, Art. 72 & 161; Criminal Procedure Code, 1973, ss. 432, 433 & 433(A)]The word 'remit' as used in s. 432 is not a term of art. Some of the meanings of the word 'remit' are 'to pardon, to refrain from inflicting to give up'. It is therefore, no obstacle in the way of the President or Governor, as the case may be in remitting the sentence of death. A remission of sentence does not mean acquittal, Ram Deo Chauhan v. State of Assam, AIR 2001 SC 2231 (2251): (2001) 5 SCC 714. (Criminal PC, s. 432)To pardon or forgive, Black's Law Dictionary, 7th Edn., p. 1297....
Preventive detention
Preventive detention. By the (English) Prevention of Crime Act, 1908 (8 Edw. 7, c. 59), s. 10, as amended by the (English) Indictments Act, 1915 (5 & 6 Geo. 5, c. 90), a person after three previous convictions after attaining sixteen years of age, can with the consent of the Director of Public Prosecutions, R. v. Waller, (1910) 1 KB 364, in certain cases be charged, R. v. Smith, (1910) 1 KB 17, with being an habitual criminal, and if the charge is established, he can, in addition to a punishment of penal servitude, receive a further sentence of not less than five years or more than ten years, called a sentence of preventive detention. During such detention the Secretary of State has power to let the person out on licence, if he is satisfied that there is a reasonable probability that he will abstain from crime and lead a useful an industrious life, or that he is no longer capable of engaging in crime. Unless the offender admits he is an habitual criminal the jury must determine whether...
attainder
attainder [Anglo-French atteinder, from ateindre to convict, sentence, literally, to reach, attain, ultimately from Latin attingere to reach, from ad to + tangere to touch] : the termination of the civil rights of a person upon a sentence of death or outlawry for treason or a felony see also bill of attainder at bill, corruption of blood NOTE: In English law up to the nineteenth century, attainder was the harsh consequence of conviction for treason or a felony. It resulted in the forfeiture of the convicted person's property. It also involved corruption of blood, which barred the person from inheriting, retaining, or passing title, rank, or property. A person outlawed lost the right to seek protection under the law. Article III, Section 3 of the U.S. Constitution prohibits corruption of blood or forfeiture upon a conviction for treason “except during the life of the person attainted,” and Article I, Section 9 prohibits bills of attainder. Attainder was abolished in Engl...
Age
Age, the criminal responsibility of males and females, and their power to do certain acts, depends upon their age. A child under 7 cannot commit any offence; between the ages of 7 and 14 is presumed to be doli incapax, but this presumption may be rebutted by evidence of the infant's capacity to discern good from evil (malitia supplet 'tatem-malice supplies age). The old rule in criminal matters was that a person of the age of 14 might be capitally punished for any capital offence, but under the age of 7 he could not. A male under the age of 14 years is presumed impotent as well as doli incapax, and since the presumption of impotence cannot be rebutted, R. v. Phillips, 8 C& P 736, he cannot be convicted of an offence involving carnal knowledge, except as a principal in the second degree in a rape, or the like, where if he has a mischievous discretion, the presumption of impotence will not excuse him from aiding and assisting in the commission of the offence. He may, it seems, be convict...
Such prisoner shall be confined in a cell apart prisoners
Such prisoner shall be confined in a cell apart prisoners, the expression 'such prisoner shall be confined in a cell apart prisoners' has a restricted meaning. It must be given a rational meaning to effectuate the purpose behind the provision so as not to attract the vice of solitary confinement. S. 366(2) of the Cr.P.C. enables the Court to commit the convicted person who is awarded capital punishment to jail custody under a warrant. It is implicit in the warrant that the prisoner is neither awarded simple nor rigorous imprisonment. The purpose of the sub-s. (2) s. 366 is to make available the prisoner when the sentence is required to be executed. He is being kept in jail custody. After the sentence becomes executable he may be kept in a cell apart from other prisoners with a day and night watch. But even here, unless special circumstances exist, he must be within the sight and sound of other prisoners and be able to take food in their company, Sunil Batra v. Delhi Administration, AIR...
bill
bill 1 : a draft of a law presented to a legislature for enactment ;also : the law itself [the GI ] ap·pro·pri·a·tions bill [ə-prō-prē-ā-shənz-] : a bill providing money for government expenses and programs NOTE: Appropriations bills originate in the House of Representatives. bill of attainder 1 : a legislative act formerly permitted that attainted a person and imposed a sentence of death without benefit of a judicial trial see also attainder compare bill of pains and penalties in this entry 2 : a legislative act that imposes any punishment on a named or implied individual or group without a trial NOTE: Bills of attainder are prohibited by Article I of the U.S. Constitution. bill of pains and penalties : a legislative act formerly permitted that imposed a punishment less severe than death without benefit of a judicial trial compare bill of attainder in this entry NOTE: The term bill of attainder is often used to include bills of p...
Felony
Felony [fr. felonie, Fr.; felonia, Lat.; some deduce it fr. Gk., a deceiver, and fallo, Lat., to deceive; Spelman derives it fr. the Teutonic or German fee, a fieu or fiet, and lon, price or value; Coke says, 'Ex vi termini significat quodlibet capitale crimen felleo animo perpetratum,' Co. Litt. 391 a], originally the state of having forfeited lands and goods to the Crown upon conviction for certain offences, and then, by transition, any offence upon conviction for which such forfeiture followed, in addition to any other punishment prescribed by law, as distinguished from misdemeanour, upon conviction for which to forfeiture followed. All indictable offences are either felonies or misdemeanours, but a material part of the distinction is taken away by the Forfeiture Act, 1870 (33 & 34 Vict. c. 23), which abolishes forfeiture for felony, and provides for the administration of the estates of felons while undergoing sentence; see Carr v. Anderson, (1903) 2 Ch 279.The only remaining distin...
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