Accomplices, the evidence of, 300.
Accusation by the Grand Jury, 158.
French system of, 163.
Actc (^accusation, account of, 163.
Action, definition of, 76; general re-
sult of this, 81.
Actions complex in character, 103.
Administration of criminal law, defect
in, 229.
Advocacy, professional rules of, 167.
Alibis, false, remedy against, 177.
Anglo-Saxon criminal procedure, 11;
general result of, 13.
Anglo-Saxon courts and circuits, 13;
duties of judges, ib.
Anglo-Saxon kings, their jurisdiction,
14.
Appeal in criminal cases, 219, 223, 229.
under Justices in eyre, 17.
by judicial combat, 23.
Apprehensions, lawful and unlawful;
rules as to, 118 (tee arrest).
Aram (Eugene), case of, 195.
Arrest as a feature of criminal proce-
dure, 157.
Arrest, law of, its history, 25; the
present system, 30; its difference
in felony and misdemeanor, 109 (see
apprehensions).
Arson, Bracton's definition of, 34;
modern legislation on, 48; intri-
cacy of the law, and proposed defi-
nition, 144.
Atheists, their competency as wit-
nesses, 288; objections to this rule,
289; its partiality, 292.
Attempts to murder; original defect in
the law of, 123; recent legislation
upon, ib.; objections to this, 124.
Attorney for the prosecution and de-
fence, duties of, 155.
Attorney-General as a public prose-
cutor, 165; his right of reply, 161.
Attorneys' fees too low in special cri-
minal cases, 172.
Bailees, larceny by, 55.
Belief, the nature of, 239; its bearing
on evidence, 245.
Benefit of Clergy Act, 71.
Bentham (Jeremy) his influence on
the criminal law, 66; remarks on
his view of juries, 219.
Black Act (The), 47.
Bracton's definition of crimes, 33;
bis account of criminal procedure
(13th cent.) 15; its result, 19.
Breaking, its meaning as applied to
burglary, 139.
Burden of proof, rules regarding it,
303.
Burglary, definition of, 139; suggested
alteration of, 140.
Capitula itineris, account of, 16.
Cardigan's (Lord) case, 313.
Case law defined, 82.
Certainty, difference between moral
and legal, 313.
Certainty, impossible and inconceiv-
able, 261.
Challenge, law of, 18, 205, 106.
Chance as distinguished from proba-
bility, 255.
Character, rules as to evidence re-
garding it, 309.
Choses in action defined, 52.
Circumstantial evidence considered,
265; objections to the phrase, 270.
Clergy, benefit of, 71.
Codification of reports should rest
with the Judges, 335.
Codification of the law considered,
150.
Coinage offences as a branch of trea-
son, 41.
Coinage offences, law regarding, 143.
Coke (Lord) on punishments, 72; his
third institute, 65; his definition
of malice, 44.
Coke, case of, under Coventry Act, 47.
Combinations of facts, their value in
evidence, 259.
Common law defined, 32; its relation
to statute law, ib.
Compensation for injury by felony
considered, 108.
Compromises in the administration
of criminal justice, 174.
Concurrent intents in murder, 120.
Confession, roles as to, 319; their
contrast with the Continental sys-
tems, ib.
Consolidation acta specified, 66.
of 1~61, their bear-
ing on codification, 150; how sus-
ceptible of improvement, 151,
Conspiracy, Sir W. Kusseil on, 145;
definition of, 143.
Conspiracy, law of, 62; ita conve-
niences and dangers, 143.
Contradiction of witnesses, rales re-
garding, £&3.
Conviction, amount of evidence re-
quired for it, 324.
Coroners, statute of, 26; their func-
tions, ib.; their office now judicial,
27.
Counsel, professional rales regarding,
167; latitude left to them, 2S1.
Counsel for the Crown, his position,
powers, and duties, 159, 201; pro-
fessional rules regarding, 167.
Counsel, standing, appointment of,
undesirable, 173.
Court imptrialet, their constitution,
Court for Crown Cases Reserved, ita
duties, 224.
Court uf appeal in criminal cases, 239;
remedy suggested, 230.
Courts of law, their antiquity, 10;
under the Saxons, 13, and Xormans,
14.
Courts of law established as the great
criminal tribunals, 15.
Court* of law, their course regarding
the criminal law, 32.
Credit of witnesses, rules regarding,
295.
Crime and law correlative and co-ex-
tensive, 2.
Crimen falsi, Bracton's definition of,
33.
Crime, definition of, 1, 3.
in general, definition of, 75.
Crimes specific, Bracton's definitions
of, 33; general classification of, 98.
Crimes, definitions of, their object,
98; their most convenient arrange-
ment, 104; their defects, and the
causes of them, 111.
Crimes, legal and moral relation of,
101; their relation to torts, 7, 58.
Criminal cases, appeal in, 219, 223,
Criminal cases, new trials in, consi-
dered, 226.
Criminal intention essential to crime,
81.
Criminal law, popular use of the term,
2; strict sense of, 3; includes acts
not immoral, 5; natural classifica-
tion of, 7; historical sketch of. 1«.
cause o€ its intricacies, 49; Course
of parliament and courts of law re-
garding it, 32; general aspects .f.
13th—17th cent*-, 64; in 1-sh cent.,
66: consolidation of, in 19th cent.,
67: reneral result, 68; best theory
of. S2; its twofold benefits, 98: its
relation to morals, 1m2; its codir-
cation considered, 150; sunmarj
of its good and bad points, 327:
defect in, 229; suggested remedt.
230; necessity for constant refunn*
in, 336.
Criminal law commissioners, their
report on secondary punishBiniS.
Criminal legislation considered, 326;
practical suggestion upon, 533.
Criminal pleidiug. the system of, ITS.
Criminal procedure in general, 153;
definition of, 153; litigious, not in-
quisitorial, 154, 158; account ot
the French system, 162; its com-
parison with the English, 163;
special characteristics of, 169; de-
fects in our system, 170; remedies
proposed, 172; observations of
these, ib. (tee law of procedure;.
Criminal trial defined, 22; the growth
of our present system, 23; techni-
cs] description of, 28.
Cross-examining, how far it secures
truth, 177; rule as to leading ques-
tions, 282.
Cross-examination as to credit of wit-
nesses, 296; discretion of the btr
regarding it, 298.
Crown prosecutions for misdemeanor,
effect of, 59.
Damages, their difference from penal-
ties, 5.
Deceased persons, rule as to their
statements, 318.
Defence in forma pauperis, 179,
of prisoners, how conducted,
156, 161; provision should be made
for it, 174; difficulties of this, ii',
practical suggestions, 175; obser-
vations on the present practice, «nd
its bearing on true and sham de-
fences, ib.
Definitions of crimes, observations on
their character, 150.
Delusions (see monomania).
Depositions as evidence, rule concern-
ing, 316, 819.
Detection, law of, its history, 25.
of crime, the duty of the
police, 172.
Direct and circumstantial evidence
considered, 2i5; difficulty of the
distinction, 266, 273.
Documents legal and official as evi-
dence, 315.
Donellan (John), his trial for poison-
ing, 338; referred to 195, 268, 325.
Doubt, what makes it reasonable, 261.
Dove (William), summary of his trial
for poisoning, 391; referred to, 79,
93, 212, 382.
Duels, influence of the law upon, 120.
Dying declarations, rule regarding
them, 318.
Embezzlement, statutes of, 53.
Equitable interests in relation to lar-
ceny, 134.
Erskine (Lord), on libel, 146.
Evidence law of, its history, 68; rules
of, 69; the province of, 234.
Evidence, no legal provision for col-
lecting it, 31; gradual growth of
the present system, 70; conflict of
it in cases of madness, 92; French
system of collecting it, 162; its na-
ture, 235; ambiguity of the word,
245; its process in producing be-
lief, 246; classified as material and
verbal, 24S; mathematical esti-
mates regarding it, 256; its classifi-
cation as direct ami circumstantial,
265; rules as to eliciting it, 280;
rules as to its competency, 302;
must be confined to the points in
issue, 305; results of this rule,
306; its application to character,
309; tho best must be given, 314.
Evidence, its principles in relation to
criminal law, 234; English rules
of, 276; their value, 324.
Evidence scientific, province of jurors
regarding it, 212.
Examination, French system of, 164.
Examination of prisoners, old and
recent acts regarding, 157.
Experts, nature of proposal regarding
them, and objections, 209.
Facts, their relation to evidence, 235.
False pretence, difficulty in defining
it, 130.
Fees with briefs from the dock, 179.
Felony, its distinction from misde-
meanor, 56; this distinction incon-
venient, 105; reasons given for
maintaining it, 110; suggested al-
teration, 110.
Felony and treason, distinction be-
tween, 107.
Forfeiture, law of, its injustice in
some cases, 106; its abolition de-
sirable, 107.
Forgery, Btatute of, its needless intri-
cacy, 141; proposed oUange and its
effect, 142.
Fortescue (Sir Wm.), 20.
Foster (Sir M.), his discourse on ho-
micide, 44; his view of treason, 38.
Frank-pledge, account of, 25.
Fraud, the proper notion of, 129.
Fraudulent breaches of trust, law re-
garding, 131.
French ciiminal procedure, account
of, 162; inquisitorial nature of, 164;
comparisons with the English sys-
tem, 165, 188, 190, 199, 203, 215,
275, 319.
Game, difficulties attending it in cases
of larceny, 133.
Giles (John), case of, for attempted
murder, 46.
Gordon (Lord Geo.), case of, 89.
Government, its supremacy necessary,
102.
Grand Jury, accusation by, 158.
Hadfield, case of, for shooting at Geo.
III., 94.
Hale (Lord) his pleas of the Crown,
65; his view of treason, 38; on the
admission of evidence, 69; his
complaints of the prolixity of in-
dictments, 182.
Hales (Wm.), case of, for forgery, 72.
Hardy, case of, for treason, 39.
Harrison, case of, for murder (1692),
192.
Hawkins, case of, 69, 198.
Hearsay evidence, rules concerning,
High treason {see treason).
Hollinshed on the punishment for
murder, 42.
Homicide, Bracton's definition of, 33,
41; tabulated arrangement of,
41; Staundforde's and Lambard's
doctrine of, 42; various statutes
upon, 45 (tee murder).
Imprisonment before trial, object of,
157; object of, under the French
system, 162.
Improbability, its relation to evi-
dence, 251.
Incompetency of witnesses, rules re-
garding, 284.
Indictments, under justices in eyre
17; their reduction to writing, 24;
old form of, for murder, 80; rules
regarding, 180; recent legislation
upon, 184; existing defects and
suggestions, 185.
Inducement to confess, rules regarding,
320; qualifications as to this, 322.
Infanticide, suggested amendment of
the law, 122.
Infants, their responsibility for crime,
85; their competency as witnesses,
287.
Inquests, nature of, 20; Sir F. Pal-
grave's account of, 81.
Insanity (see Madness).
"Instructing the process," French
system su called, 163.
Intention as an element of action, 76;
its absence, 78; without will, 79;
with will essential to crime, 80;
must be specifically criminal, 81;
its relation to the burden of proof,
304; meaning of the term, ib.
Intents involving murder, 116; man-
slaughter, 117.
Interrogation of prisoners, its omis-
sion in the English system, 189;
gradual origin of this, 191; effects
and defects of it, 195; its introduc-
tion desirable, 199; plan proposed,
200.
Judges, gradual establishment of their
present duties, 21; their legislative
powers, 70; their position in cri-
minal trials, 161; their part in
making the law, 326; necessity of
this, 329, 332; their power as to
leading questions, 283; their excel-
lence as legislators, 328; power to
question them should rest with a
ministry of justice, 335.
Judicial decisions, systematic report-
ing of, 67.
Judicial legislation, its influence and
effect, 326.
Judicial notice, meaning of, 305.
proof, nature of, 263.
Juries, original functions of, 17. 18,
20; how the present system arose,
22; their division into grand and
petty, 24; their unanimity consi-
dered, 219; verdict of a bare ma-
jority, 220; of a specified majority,
221 (see trial by jury).
Juries special, desirable in criminal
cases, 218.
Jurisprudence considered as a science,
330.
Jurist, his relation to the legislator,
330.
Jurors, their judicial duties, 204;
their qualifications, ib. ; mode of se-
lecting them, 205; value of their
verdict, 206; their duty as to in-
complete evidence, 262.
Justices in eyre, first records of, 11;
Bracton's account of, 15; their sys-
tem explained, 20.
Justices of assize, first appointment
of, 11.
Justices of the peace, their first ap-
pointment, 30 (see magistrates).
King's Bench, its authority as custos
morum, 61.
King's (The) ordinary council, ite ju-
risdiction, 60.
Lambard, hia doctrine of murder, 42.
Larceny, see theft.
Law, definition of, 1, 326; prerision
in it necessary, 104; all criminal in
one sense, 1.
Law and crime correlative and co-ex-
tensive, 2.
Law and morals, divergence between,
101; their possible conflict, 108.
Law of Appeals, 23.
of Challenge, account of, 18.
of Crimes and Punishments, di-
visions of, 7; for the most part
modern, 10; history of, 31.
Law of Detection and Arrest, history
of, 25; results of the original system,
29; changes to the present time, ib.
Law of Evidence, 68.
of Inheritance, ita relation to tl»
Criminal law, 1.
of Nature considered, 831.
of Nuisances, a branch of th*
Criminal law, 6.
Law of Perjury, 277.
of Procedure, divisions of, 7.
account of its construction, II;
Anglo-Saxon modes of, ib.; Anglo-
Saxon system litigious, 23; Nor-
mnn system inquisitorial, ib.; sys-
tem under Justices in eyre, 16; the
accounts of this obscure and un-
satisfactory, 19; transition to the
present system, to.; its difference
in felony and misdemeanor, 109;
its general character, Ac. 231 (see
criminal procedure).
Leading questions, rule as to them,
280.
Legal maxims, connected with cri-
minal law, 2.
Legislature (see parliament).
Leotade, the monk—his trial (at Tou-
louse) for murder, 430; referred to,
190, 220.
Lesnier (Francois), his trials (at Bor-
deaux) for murder, 474; referred to,
220..
Liability to punishment (see respon-
sibility).
Libel, law of, 63; vagueness of tb«
old definition, 146; Sir William
Russell on, 145; Lords Erakine and
Mansfield, 146; Lord Campbell's
Act, 148.
Logic as applicable to judicial in-
ferences, 258.
Loyalty, moral sentiment of, 112.
Madmen, their competency as wit-
nesses, 288.
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