The journal of prison discipline and philanthropy (New series, No. 57), March, 1918Pennsylvania Prison Society
History
The journal of prison discipline and philanthropy (New series, No. 57), March, 1918
Pennsylvania Prison Society
Charities -- Periodicals; Prisons -- Periodicals
If the driver of a public “coachee” by “wanton and furious driving or
racing” unintentionally breaks a chicken’s leg he may be punished by
five years’ imprisonment, the same punishment provided for attempted
rape, for mayhem, for counterfeiting, and for robbery; but if the
driver of a taxicab is guilty of the same assault on a member of the
feathered tribe he is not even indictable. If the driver of this
“coachee,” while so driving, should accidentally inflict the slightest
personal injury on another, he would be liable to greater punishment
than if he deliberately stabbed that other with intent to maim him,
or wilfully and maliciously exploded dynamite under him, thus doing
him serious bodily harm. This violates one of the cardinal principles
of criminal jurisprudence, viz., that crimes of negligence are not so
grave as crimes done with deliberate intent, a principle recognized
in other parts of the code in providing for murder and involuntary
manslaughter. * * *
The writer has attempted to point out in this paper some of the more
glaring and interesting defects in the code. He has by no means
exhausted them. There is a great need for a complete revision of the
code. It is a jumble of inconsistent theories; a great many sections
are badly drawn, others are obsolete; many are inconsistent, many are
in conflict; there is much overlapping due to different acts having
been passed at different times covering in part the same subject
matter, so that it cannot be told whether a given crime should
be punished under one section or another prescribing a different
punishment.
* * * * *
Governor Brumbaugh has appointed the following on the Commission
to revise the Criminal Code of the Commonwealth: Edwin M. Abbott,
Chairman, Philadelphia; Wm. E. Mikell, Secretary, Philadelphia; George
C. Bradshaw, Pittsburgh; Clarence E. Coughlin, Wilkes-Barre; Rex N.
Mitchell, Punxsutawney.
FOOTNOTES:
[A] From an article by Mr. Mikell in the University of Pennsylvania Law
Review, January, 1917. The article clearly indicates the urgent need of
revision of our criminal code.
AMERICAN PRISON ASSOCIATION.
ATTENDANCE.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account