A Treatise on the Police of the Metropolis: Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their PreventionColquhoun, Patrick
History
A Treatise on the Police of the Metropolis: Containing a Detail of the Various Crimes and Misdemeanors by which Public and Private Property and Security are, at Present, Injured and Endangered: and Suggesting Remedies for their Prevention
Colquhoun, Patrick
Crime -- England -- London; Police -- England -- London
The Athenian Law ordained, that persons guilty of Self-murder should
have the hand cut off which did the murder, and buried in a place
separate from the body; but this seems of little consequence.--When
such a calamity happens, it is a deplorable misfortune; and there
seems to be a great cruelty in adding to the distress of the wife,
children, or nearest kin of the deceased, by the forfeiture of his
whole property; which is at present confiscated by Law.
By the Law of England, the judgment in case of Murder is, that the
person convicted shall suffer death and that his body shall be
dissected.
The Laws of most civilized nations, both ancient and modern, have
justly punished this atrocious offence with death. It was so by the
Laws of Athens, and also by the Jewish and Roman Laws.--By the Persian
Law Murderers were pressed to death between two stones; and in China,
persons guilty of this offence are beheaded, except where a
person kills his adversary in a duel, in which case he is
strangled.--Decapitation, by the Laws of China, is considered the most
dishonourable mode of execution.
In the ruder ages of the world, and before the manners of mankind were
softened by the arts of peace and civilization, Murder was not a
capital crime: Hence it is that the barbarous nations which over-ran
the Western Empire, either expiated this crime by private revenge, or
by a pecuniary composition.--Our Saxon ancestors punished this high
offence with a fine; and they too countenanced the exercise of that
horrid principle of revenge, by which they added blood to blood.--But
in the progress of civilization and Society, the nature of this crime
became better understood; private revenge was submitted to the power
of the Law; and the good King Alfred first made Murder a capital
offence in England.
In this case, as in that of Self-murder, the property of the murderer
goes to the State; without any regard to the unhappy circumstances of
the families either of the murdered or the guilty person, who may be
completely ruined by this fatal accident.--A provision which seems not
well to accord with either the justice or mildness of our Laws.
Man-slaughter is defined to be _The killing another without malice,
either express or implied: which may be either, voluntarily, upon a
sudden heat; or involuntarily, but in the commission of some unlawful
Act_. And the Punishment is, _that the person convicted shall be burnt
in the hand, and his goods forfeited_.--And offenders are usually
detained in prison for a time not exceeding one year, under the
Statutes regulating the Benefit of Clergy.
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