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Criminal Law

wrongs, public, offenses, crime, kings and private

LAW, CRIMINAL. That branch of public law which relates to crime or public wrongs; that is, wrongs or injuries by individuals against the State or sovereign as distinguished front in juries by individuals against others, which are dealt with by the private law of wrongs or tort. All civilized systems of law now agree in draw ing this distinction between public and private wrongs. It seems probable, however, that in primitive communities the law of crime had its origin in, or at least was preceded by, the law of tort, and that the consequence of the various acts of violence now recognized as crimes was that they gave rise exclusively to an obligation to the injured person or his representative which might he satisfied by the payment of Money. Under the early Anglo-Saxon law, which corresponded substantially in this particular with other an cient systems of law, "A sum was placed on the life of every free man according to his rank and a corresponding sum on every wound that could be inflicted on his person, for nearly every injury which could be clone to his civil rights, hon or, or peace; the sum being aggravated accord ing to adventitious eircumstanees." (Tremble.

Anglo-Saxons, i. 177.) (See IlLoon-AloNr.v; WEnnil.,n, etc.) The earliest recognition in an cient law of distinct wrongs against the State ap pears in the isolated acts, legislative in character, by which the State avenged itself for wrongs done in the same manner that private individuals were permitted under sanction of law to or requite themselves fur private wrong which may be regarded as a prototype of public wrongs.

From these occasional legislative arts by which the State avenged itself upon the criminal for wrongs sullenql by it, it was a natural though gradual transition to a system by which this particular function was delegated to a per manent. commission still legislative rather than

judicial in character, whose duty it was to in Nestigate and punish public wrongs, and finally to the more modern system under which a per manent tribunal wholly judicial in character de fines and applies the law relating to crime. The history of Curia Regis or King's Court, which was the combined legislative. administrative, and judicial body under the Norman Kings, shows these successive stages of development in our own criminal jurisprudence. The Court of King's Bench, which was the criminal branch of the King's Court, was organized in the reign of Ed ward 1. (1274-90). It follows from the character of all public wrongs that flue first essential of a crime is some act which. because of its effect upon the community, is deemed an offense to the State. This may happen either: (a) because the act is directly an injury to the State; or (h) because flue act is a direct interference with the per formance of some duty, as of protecting the life, property, safety, and morals of citizens, which, upon of public policy, the State has as sumed.

For flue discussion of the elements of a crime, and of criminal intent. etc., see such titles as CIIIMF;; ATTEMPT; INTENT; .:NlIsTAKE, etc.

Crimes may he conveniently classified as fol (a) offenses against government; (b) offenses against public peace and health; (c) of fenses against religion and morality; (d) offenses against persons; Ic) Offenses against the dwell ing-house; (f) offenses against property; (g) maritime offenses. At common lai• also crimes were classified as felonies and misdemeanors, and the distinction has been preserved to some extent by flue modern law and the various criminal voiles. See FELONY; :MISDEMEANOR.