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Criminal Law Act 1827
The Criminal Law Act 1827 (7 & 8 Geo IV c. 28) was an Act of the Parliament of the United Kingdom, applicable only to England and Wales. It abolished many obsolete procedural devices in English criminal law, particularly the benefit of clergy. It was repealed by the Criminal Law Act 1967. The Act has sixteen parts. Parts I - V concerned the formalities of pleading, Parts VI - VII abolished benefit of clergy, Parts VIII - X dealt with the punishment of felonies, Part XI created offences related to fraudulent certificates of indictment, Part XII covered criminal cases handled by the Court of Admiralty, Part XIII made provision for pardons, and Parts XIV - XVI were interpretation and jurisdiction provisions. Part I: Mode of trial This part of the act stated: Before this enactment, defendants who pleaded "not guilty" to a charge of felony were formally obliged to choose their mode of trial, in a standard exchange with the clerk of the court: "How wilt thou be tried?" "By God an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Piracy
Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, vessels used for piracy are pirate ships. The earliest documented instances of piracy were in the 14th century BC, when the Sea Peoples, a group of ocean raiders, attacked the ships of the Aegean and Mediterranean civilisations. Narrow channels which funnel shipping into predictable routes have long created opportunities for piracy, as well as for privateering and commerce raiding. Historic examples include the waters of Gibraltar, the Strait of Malacca, Madagascar, the Gulf of Aden, and the English Channel, whose geographic structures facilitated pirate attacks. The term ''piracy'' generally refers to maritime piracy, although the term has been generalized to refer to acts committed on land, in the air, on computer networks, and (in scie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward VI
Edward VI (12 October 1537 – 6 July 1553) was King of England and Ireland from 28 January 1547 until his death in 1553. He was crowned on 20 February 1547 at the age of nine. Edward was the son of Henry VIII and Jane Seymour and the first English monarch to be raised as a Protestant. During his reign, the realm was governed by a regency council because he never reached maturity. The council was first led by his uncle Edward Seymour, 1st Duke of Somerset (1547–1549), and then by John Dudley, 1st Earl of Warwick (1550–1553), who from 1551 was Duke of Northumberland. Edward's reign was marked by economic problems and social unrest that in 1549 erupted into riot and rebellion. An expensive war with Scotland, at first successful, ended with military withdrawal from Scotland and Boulogne-sur-Mer in exchange for peace. The transformation of the Church of England into a recognisably Protestant body also occurred under Edward, who took great interest in religious matters. His fat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ecclesiastical Courts
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than before the development of nation states. They were experts in interpreting canon law, a basis of which was the ''Corpus Juris Civilis'' of Justinian, which is considered the source of the civil law legal tradition. Catholic Church The tribunals of the Catholic Church are governed by the 1983 Code of Canon Law in the case of the Western Church (Latin Church), and the Code of Canons of the Eastern Churches in the case of the Eastern Catholic Churches (Byzantine, Ukrainian, Maronite, Melkite, etc.). Both systems of canon law underwent general revisions in the late 20th century, resulting in the new code for the Latin Church in 1983, and the compilation for the first time of the Eastern Code in 1990. First instance Cases normally originate in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Benefit Of Clergy
In English law, the benefit of clergy (Law Latin: ''privilegium clericale'') was originally a provision by which clergy Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, but usually involve presiding over specific rituals and teaching their religion's doctrines and practices. Some of the ter ...men accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. The ecclesiastical courts were generally seen as being more lenient in their prosecutions and punishments, and many efforts were made by defendants to claim clergy status; some were baldly fraudulent. Various reforms limited the scope of this legal arrangement to prevent its abuse, including branding of a thumb upon first use, to limit the number of invocations for some. Eventually, the benefit of clergy evolved into a legal fiction in which first-time offe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attainder
In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditary titles, but typically also the right to pass them on to one's heirs. Both men and women condemned of capital crimes could be attainted. Attainder by confession resulted from a guilty plea at the bar before judges or before the coroner in sanctuary. Attainder by verdict resulted from conviction by jury. Attainder by process resulted from a legislative act outlawing a fugitive. The last form is obsolete in England (and prohibited in the United States), and the other forms have been abolished. Middle Ages and Renaissance Medieval and Renaissance English monarchs used acts of attainder to deprive nobles of their lands and often their lives. Once attainted, the descendants of the noble could no longer inherit his lands or income. Attainde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Autrefois Convict
In common law systems, the peremptory pleas (pleas in bar) are defensive pleas that set out special reasons for which a trial cannot proceed; they serve to bar the case entirely. Pleas in bar may be used in civil or criminal cases; they address the substantial merits of the case. Criminal In a criminal case, the peremptory pleas are the plea of ''autrefois convict'', the plea of ''autrefois acquit'', and the plea of pardon. The former two refer to cases of double jeopardy. A plea of "''autrefois convict''" (Law French for "previously convicted") is one in which the defendant claims to have been previously convicted of the same offence and that he or she therefore cannot be tried for it again.Rogers v The Queen (1994) In the instance where a defendant has been summonsed to both criminal and civil proceedings, a plea of ''autrefois convict'' is essentially an application to 'merge' proceedings, giving rise to ''res judicata'' or a cause of action estoppel in civil proceedings. A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peremptory Challenges
In American and Australian law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e. by giving a good reason why they might be unable to reach a fair verdict, but the challenge will be considered by the presiding judge and may be denied. A peremptory challenge can be a major part of ''voir dire''. A peremptory challenge also allows attorneys to veto a potential juror on a "hunch". The idea behind peremptory challenges is that if both parties have contributed in the configuration of the jury, they will find its verdict more acceptable. The existence of peremptory challenges is argued to be an important safeguard in the judicial process, allowing both the defendant and the prosecution to get rid of potentially biased jurors. Their use allows attorneys to use their training and experience to dismiss jurors who might say the cor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Information (formal Criminal Charge)
An information is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted. Available via HeinOnline. Orfield cites Holdsworth as the source of this information. Available via HeinOnline. Although the information has been abolished in England and Wales and Northern Ireland, it is still used in Canada, the United States (at both the federal level and in some states) and various other common law jurisdictions. Canada Criminal charges In Canada, charges under the Criminal Code are either by summary process, or by indictment. Both types of charges begin with an information, except in the rare situation of a direct indictment by the Attorney General. The form of an information is prescribed by the Criminal Code. Informations are to be drafted using Form 2 for both indictabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peine Fort Et Dure
' (Law French for "hard and forceful punishment") was a method of torture formerly used in the common law legal system, in which a defendant who refused to plead ("stood mute") would be subjected to having heavier and heavier stones placed upon his or her chest until a plea was entered, or death resulted. Many defendants charged with capital offences would refuse to plead in order to avoid forfeiture of property. If the defendant pleaded either guilty or not guilty and was executed, their heirs would inherit nothing, their property escheating to the State. If they refused to plead their heirs would inherit their estate, even if they died in the process. Legal background The common law courts originally took a very limited view of their own jurisdiction. They considered themselves to lack jurisdiction over a defendant until he had voluntarily submitted to it by entering a plea seeking judgment from the court. Obviously, a criminal justice system that could punish only those who ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry III Of England
Henry III (1 October 1207 – 16 November 1272), also known as Henry of Winchester, was King of England, Lord of Ireland, and Duke of Aquitaine from 1216 until his death in 1272. The son of King John and Isabella of Angoulême, Henry assumed the throne when he was only nine in the middle of the First Barons' War. Cardinal Guala Bicchieri declared the war against the rebel barons to be a religious crusade and Henry's forces, led by William Marshal, defeated the rebels at the battles of Lincoln and Sandwich in 1217. Henry promised to abide by the Great Charter of 1225, a later version of the 1215 '' Magna Carta'', which limited royal power and protected the rights of the major barons. His early rule was dominated first by Hubert de Burgh and then Peter des Roches, who re-established royal authority after the war. In 1230, the King attempted to reconquer the provinces of France that had once belonged to his father, but the invasion was a debacle. A revolt led by William ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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