Some of the leading principles of the Eng lish and American system of criminal law are—First. Every man is presumed to be in nocent until the contrary is shown; and if there is any reasonable doubt of his guilt, he is entitled to the benefit of the doubt. See Mugler v. Kansas, 123 U. S. 623, S Sup. Ct. 273, 31 L. Ed. 205. Second. In general, no person can be brought to trial until a grand jury on examination of the charge has found reason to hold him for trial. Ex par te Bain, 121 U. S. 1, 7 Sup. Ct. 781, 30 L. Ed. 549. Third. The prisoner is entitled to trial by a jury of his peers, who are chosen from the body of the people with a view to im partiality, and whose decision on questions of fact is final. Fourth. The question of his guilt is to be determined without reference to his general character. By the systems of continental Europe, on the contrary, the tri bunal not only examines the evidence relat ing to the offence, but looks at the probabili ties arising from the prisoner's previous his tory and habits of life. Fifth. The prisoner cannot he required to criminate himself. (The general rule, however, now seems to be in jurisdictions where there is no statu tory prohibition, that an accused person tes tifying in his own behalf may be cross-ex amined like any other witness; People v.
Tice, 131 N. Y. 651, 30 N. E. 494, 15 L. R. A. 669; People v. Howard, 73 Mich. 10, 40 N. W. 789; Boyle v. State, 105 Ind. 469, 5 N. E. 203, 55 Am. Rep. 218; Keyes v. State, 122 Ind. 527, 23 N. E. 1097; State v. Pfefferle, 36 Kan. 90, 12 Pac. 406; State v. Huff, 11 Nev. 17; Chambers v. People, 105 I11. 413. See for a full discussion of this question, Rice, Ev. § 223 and note; Counselman v. Hitchcock, 142 U. S. 547, 12 Sup. Ct. 195, 35 L. Ed. 1110.) Sixth. He cannot be twice put in jeopardy for the same offence. See Sim mons v. U. S., 142 U. S. 148, 12 Sup. Ct. 171, 35 L. Ed. 968; In re Nielsen, 131 U. S. 176, 9 Sup. Ct. 672, 33 L. Ed. 118. Seventh. He cannot be punished for an act which was not an offence by the law existing at the time of its commission ; nor can a severer punishment be inflicted than was declared by law at that time.
See CRIME ; IGNORANCE ; INTENT ; JEOPAR DY ; INFAMOUS CRIME ; INFAMY ; PRISONER.
As to the identification of criminals, see ANTHROpoMETRY ; ROGUE's GALLERY.
As to circulating photographs of criminals, to assist in detecting crime, see PRIVILEGED