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PREFACE.

The duties in which I have been recently engaged, as counsel for the Department of State of the United States, have led me to give increased attention to those portions of the following pages which deal with offences against the United States distinctively, with offences against international law, and with conflicts of jurisdiction. I have felt myself obliged, also, in consequence of the great recent increase of adjudications in respect to statutory nuisances, and to violations of liquor laws, to re-write the chapters embracing the discussion of those topics. The other portions of the book have been subjected to numerous modifications, and the text of the whole has been revised. Upward of forty-six hundred new citations have been distributed through the entire work, giving in many instances new aspects to positions previously taken, and in other instances modifying those positions. I trust that in this way the work accurately and exhaustively exhibits the law of which it treats down to the present day.

F. W.

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ANALYSIS.

BOOK I.

PRINCIPLES.

CHAPTER I.

BASIS OF CRIMINAL JURISPRUDENCE.

I. RELATIVE THEORIES OF PUNISHABILITY.

Prevention, 22.
Self-defence, X 3.
Reformation, 4.
Terror, & 7.

Example, & 9.
II. ABSOLUTE THEORY.

Retribution, % 10.

CHAPTER II.

DEFINITION AND ANALYSIS OF CRIME.

DEFINITION, & 14.
DISTINCTION BETWEEN IMMORALITY AND INDICTABILITY, 14 a.
DISTINCTION BETWEEN PUBLIC AND PRIVATE REMEDIES, & 15.
ENGLISH COMMON LAW IN FORCE IN THE UNITED STATES,

& 15 a.
CHARACTERISTICS OF COMMON LAW OFFENCES, 29 17–21.
MEANING OF FELONIES, & 22.
MEANING OF MISDEMEANORS, & 23.
MEANING OF POLICE OFFENCES, & 23 a.
STATUTORY OFFENCES, & 24.
DIVISIBILITY OF OFFENCES, % 27.
CONSTRUCTION OF PENAL STATUTES, % 28.
RETROSPECTIVE LAWS, & 29.
LIMITATION AND PARDON, & 31 a.
CONCURRENCE OF CIVIL AND CRIMINAL REMEDIES, % 31 b.

CHAPTER III.

FITNESS OF OFFENDER TO COMMIT OFFENCE.

I. PERSONS NON COMPOTES MENTIS, % 32.
II. INFANTS, & 67.
III. MARRIED WOMEN, % 75.
IV. IGNORANT PERSONS, & 84.

Ignorance of law, & 84.

Ignorance of fact, 287. V. CORPORATIONS, & 91. VI. PERSONS UNDER COMPULSION, % 94. VII. PERSONS UNDER NECESSITY, AND ACTING IN SELF-DEFENCE, X 95.

CHAPTER IV.

MALICE AND INTENT, & 106.

CHAPTER V.

NEGLIGENCE AND HEREIN OF OMISSIONS, 2 125.

CHAPTER VI.

FITNESS OF OBJECT OF OFFENCE.

I. PHYSICAL UNFITNESS.

Things on which no crime can be committed, & 136. •
II. JURIDICAL UNFITNESS.

Outlaws, & 137.
Convicts, 2 138.
Persons assenting to wrong— Volenti non fit injuria, & 141.
How far consent of party injured bars criminal prosecution,

% 142 et seq.

CHAPTER VII.

CAUSAL CONNECTION BETWEEN OFFENDER AND OFFENCE, & 152.

CHAPTER VIII.

ATTEMPTS, % 173.

CHAPTER IX.

ACCESSARYSHIP: AGENCY: MISPRISION, 2 205.

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