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Petty Treason
Petty treason or petit treason was an offence under the common law of England in which a person killed or otherwise violated the authority of a social superior, other than the king. In England and Wales, petty treason ceased to be a distinct offence from murder by virtue of the Offences against the Person Act 1828. It was abolished in Ireland in 1829. It never existed in Scotland. It has also been abolished in other common-law countries. Element of betrayal The element of betrayal is the reason why this crime was considered worse than an ordinary murder; medieval and post-medieval society rested on a framework in which each person had his or her appointed place and such murders were seen as threatening this framework. Many people had somebody subordinate to them and feared the consequences if the murder of superiors was not punished harshly. Codification in English law The common law offence was codified in the Treason Act 1351. Under that Act, petty treason was an aggravated fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanged, Drawn And Quartered
To be hanged, drawn and quartered became a statutory penalty for men convicted of high treason in the Kingdom of England from 1352 under King Edward III (1327–1377), although similar rituals are recorded during the reign of King Henry III (1216–1272). The convicted traitor was fastened to a hurdle, or wooden panel, and drawn by horse to the place of execution, where he was then hanged (almost to the point of death), emasculated, disembowelled, beheaded, and quartered (chopped into four pieces). His remains would then often be displayed in prominent places across the country, such as London Bridge, to serve as a warning of the fate of traitors. For reasons of public decency, women convicted of high treason were instead burned at the stake. The same punishment applied to traitors against the King in Ireland from the 15th century onward; William Overy was hanged, drawn and quartered by Lord Lieutenant Richard Plantagenet, 3rd Duke of York in 1469, and from the reign of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Google Book Search
Google Books (previously known as Google Book Search, Google Print, and by its code-name Project Ocean) is a service from Google Inc. that searches the full text of books and magazines that Google has scanned, converted to text using optical character recognition (OCR), and stored in its digital database.The basic Google book link is found at: https://books.google.com/ . The "advanced" interface allowing more specific searches is found at: https://books.google.com/advanced_book_search Books are provided either by publishers and authors through the Google Books Partner Program, or by Google's library partners through the Library Project. Additionally, Google has partnered with a number of magazine publishers to digitize their archives. The Publisher Program was first known as Google Print when it was introduced at the Frankfurt Book Fair in October 2004. The Google Books Library Project, which scans works in the collections of library partners and adds them to the digital inven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Benefit Of Clergy Act 1496
The Benefit of Clergy Act 1496 (12 Hen. 7 c.7) was an Act of the Parliament of England. Its long title was "An Act to make some Offences Petty Treason." It abolished benefit of clergy for petty treason. See also *High treason in the United Kingdom Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's el ... References External links * Treason in England Acts of the Parliament of England (1485–1603) 1490s in law 1496 in England English criminal law {{statute-stub ... [...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 clergymen 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 offenders could receive lesser sentences for some crimes (the so-called "clergyable" ones). The legal mechanism was abolished in the United Kingdom in 1827 with the passage of the Criminal Law Act 1827. Origin When the Roman Empire converted to Christi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treason Act 1695
The Treason Act 1695 (7 & 8 Will 3 c 3) is an Act of the Parliament of England which laid down rules of evidence and procedure in high treason trials. It was passed by the English Parliament but was extended to cover Scotland in 1708 and Ireland in 1821. Some of it is still in force today. Provisions The Act provided that: * People accused of treason should have the right to be represented by up to two counsel. * Nobody could be convicted of treason except by the evidence of two witnesses to the same offence (but not necessarily the same overt act of the offence). (This rule, previously enacted in the Treason Act 1547, the Treason Act 1554 and the Sedition Act 1661, was inherited by the United States and incorporated into Article III, Section 3 of the United States Constitution, which added that both witnesses had to have witnessed the same overt act.) * Nobody could be prosecuted or punished for treason or misprision of treason unless the indictment was signed by the gra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provocation (legal)
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice ( malice aforethought).Criminal Law Cases and Materials, 7th ed 2012; John Kaplan, Robert Weisberg, Guyora Binder It "affects the quality of the actor's state of mind as an indicator of moral blameworthiness."Model Penal Codes Commentaries to §210.3 Manslaughter Provocation is often a mitigating factor in sentencing. It rarely serves as a legal defense, meaning it does not stop the defendant from being guilty of the crime. It may however, lead to a lesser punishment. In some common law legal systems, provocation is a "partial defense" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary manslaughte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treason Act 1790
The Treason Act 1790 (30 Geo 3 c 48) was an Act of the Parliament of the Kingdom of Great Britain which abolished burning at the stake as the penalty for women convicted of high treason, petty treason and abetting, procuring or counselling petty treason, and replaced it with drawing and hanging. Identical provision was made for Ireland by the Treason by Women Act (Ireland) 1796. Section 1 The original penalty for high treason, petty treason or abetting counselling or procuring petty treason for women was to be drawn to the place of execution and burned to death. This was replaced, with effect from 5 June 1790, with drawing to the place of execution followed by hanging by section 1. The section was amended by the Forfeiture Act 1870 to abolish drawing. Section 2 This section made provision for women convicted of petty treason to suffer additional punishments which were already provided for murder by the Murder Act 1751 (25 Geo.2 c.37), ss. 1 - 10. This included provision for t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burning Of Women In England
In England, burning was a legal punishment inflicted on women found guilty of high treason, petty treason, and heresy. Over a period of several centuries, female convicts were publicly burnt at the stake, sometimes alive, for a range of activities including coining and mariticide. While men guilty of heresy were also burned at the stake, those who committed high treason were instead hanged, drawn and quartered. The English jurist William Blackstone supposed that the difference in sentencing, although "full as terrible to the sensation as the other", could be explained by the desire not to publicly expose a woman's body. Public executions were well-attended affairs, and contemporary reports detail the cries of women on the pyre as they were burned alive. It later became commonplace for the executioner to strangle the convict, and for the body to be burned post-mortem. In the latter half of the eighteenth century, changing attitudes to such public displays prompted Sir Benja ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanging
Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain "hanging". Hanging has been a common method of capital punishment since medieval times, and is the primary execution method in numerous countries and regions. The first known account of execution by hanging was in Homer's ''Odyssey'' (Book XXII). In this specialised meaning of the common word ''hang'', the past and past participle is ''hanged'' instead of ''hung''. Hanging is a common method of suicide in which a person applies a ligature to the neck and brings about unconsciousness and then death by suspension or partial suspension. Methods of judicial hanging ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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