Besides the above peculiarities of punishment, these different classes of offences are diatingtushed by particular forms of procedure; but it will be more convenient to refer to these when describing our general system of criminal procedure.
According to the law of England, all persons above the age of seven years, except such as by reason of unripeness, weakness, unsoundness, disease, or delusion of mind, are incapable-of discerning, at the time they do an act, that the net is contrary either to the law of God or the law of the land, are criminally responsible for such act ; but tempo rary incapacity wilfully incurred by intoxication or other means is no excuse. An infant of the age of seven and under fourteen years, how ever, is to be presumed to be incapable of committing a crime until the contrary be proved. Duress, also, inducing a well-grounded fear of death or grievous bodily harm, will excuse a person acting ender such aurae in all cases except treason and murder ; and a married woman committing any offence, except those Last mentioned, if her husband bo present at the time, shall be presumed to have acted tinder his coercion, and be entitled to an acquittal, unless it appears that she did riot ao act. A married woman also shall not bo liable to conviction for receiving her husband or any other person In his presence and by his authority.
The whole of the law, written as well as unwritten, relating to the definition and punishment of offences, that is, the whole Criminal Law if England as regards indictable crimes and their punishments as it then existed, was collected and reduced into one body by the Criminal Law Commissioners (see their 7th Report), and was thus for the first time rendered accessible to the public at large. .Before this reduction the Criminal Law had to be sought for in an immense mass of statutes, reported decisions, records, ancient and modern, and textbooks ; and, on that account, could be known but to the few, and those principally engaged In the practice or ailininhstnation of the law. The digest so prepared by the Conimindoners, and called by them ` The Act of Crimes and Ptmislimente; was comprised in twenty-four chapters, a oiler tho following heads: 1. Prellinluary Declarations and Enactments.
2. Treason and other off, against the State.
3. Offences against Religion and the Established Church. 1. Offences against the Executive Power generally. 5. Offenees against the Aslminiwtration of Justice.
It Offences against the l'oace.
7. Offences relating to the Coin, and to Bullion, and Oolii and Silver Plate.
Offeneee relating to the Public Property, Revenue, and Panels.
9. Offence* against the law of Marriage.
10. Offseaces relating to Public Beconla and Registers, I I. Offences against Public Morals autl Decency.
12. Offence* against Public health. .
13. Cesynnem Nuisances.
11. Offences relating to Trash., Commerce, and Public Conuninii cation.
16. !fonds-hie and other offences against the person.
Pl. Libel.
17. Offences against the Habitation.
18. Fraudulent Appropriations.
19. Piracy and Offences connected with the Slave Trade.
20. Malicious Injuries to Property.
21. Forgery and other offences connected therewith.
22. Illegal Solicitations, Conspiracies, Attempts, and Repetitions of Offences.
23. Definition's of Terms and Explanations.
24. Chapter of Penalties.
Upon the subject of punishments, the Commissioners recommended the abolition of forfeiture as an incident to convictions for treason or felony ; were inclined to reject whipping as a mode of punishment, except in the case of discharging or aiming fire-anns, fic.,at the queen (5 & 6 Vict. c. 51,e. 2), in which it has lately been imposed by the legislature as constituting a signal mark of Ignominy; proposed that three, or at the utmost four, years should be the longest term of im prisonment to be inflicted for any offence, whether treason, felony, or misdemeanor, in cases where imprisonment forms the whole or part of the punishment ; and suggested a scale of penalties, consisting of forty-five classes, to be substituted for the numerous punishments contained in the above 'statement. This scale might be much further reduced if the recommendations of the Commissioners should be adopted. At present it is extremely difficult in some instances to determine what punishment an offence is liable to.