Delict

“ Next comes the “délit,” which includes all offences punished by imprisonment over a week and under five years. Then, finally, we arrive at the “crime,” the highest form of offence in French criminal law. It includes all offences subject to a more severe sentence than the punishment assigned to a délit. All cases are held to be crimes where death, life-imprisonment with or without hard labour, deportation out of the kingdom, detention or seclusion in a fortress or other expressly assigned place, are the punishments mentioned by the law. ”

“ Thus such crimes as theft from or robbery of an officer, soldier, post trader, or camp-follower; forgery of the name of an officer, and manslaughter, assault with intent to kill, mayhem, or battery, committed upon a military person; inasmuch as they directly affect military relations and prejudice military discipline, may properly be-as they frequently have been-the subject of charges under the present Article. ”

“ Assassinations; murder; malicious stabbing or maiming; rape; malicious assault and battery; robbery; theft; the wanton desecration of churches, cemeteries or other religious edifices and fixtures, and the destruction, except by order of a superior officer, of public or private property, are such offences. 3. The good of the service, the honor of the United States and the interests of humanity, imperiously demand that every crime, enumerated above, should be severely punished. ”

“ The criminal law which had its origin when violence was rife is admirably adapted to the prevention, prosecuting and punishment of crude crimes, such as arson, rape, robbery, burglary, mayhem, assault, homicide, and "common-law" larceny,—theft accompanied by a trespass. In old times everything was against the man charged with crime—at least that was the attitude of the court and jury. "Aha!" exclaims the judge as the evidence goes in. ”

“ You have me lost all right."
"My dear sir," put in the District Attorney, "the vital element of robbery is not the force and terror but is what is called in the books the animus furandi, meaning the intention to steal. The presence of this felonious intent determines whether or not the wrong is a crime. If it be not present there can be no robbery, no matter how great the force, violence, or putting in fear, or how graven serious, or irreparable the resulting injury.
"It is true indeed that the force and terror are elements, but the vital one is the intent. ”

“ The jailer, however, was a man accustomed to deal with emergencies. "You need not laugh," he said, "every thing shall go on as before, and I shall take no notice of the absence of your companions. You are now numbered One to Seventeen inclusive, and you stand charged with highway robbery, forgery, treason, smuggling, barn-burning, bribery, poaching, usury, piracy, witchcraft, assault and battery, using false weights and measures, burglary, counterfeiting, robbing hen-roosts, conspiracy, and poisoning your grandmother by proxy. ”

“ Felonies included breach of prison, hunting by night with painted faces, taking horses to Scotland, stealing of hawks' eggs, stealing cattle, highway robbery, robbing on the sea, robbing houses, letting out of ponds, cutting of purses, deer-stealing at night, conjuring and witchcraft, diminution of coin, counterfeiting of coins, and impenitent roguery and idleness. The penalty was death. Many people were hanged for the felony of theft over 12d. Some bold men accused of felony refused to plead so that they could not be tried and found guilty. ”

“ Robbery stories may include anything from petty thievery to bank defaulting. Some of the possibilities are horse and automobile stealing, burglary, hold-ups, train and street-car robbery, embezzlement, fraud, kidnapping, safe-cracking, shop and bank robbery. It is well for the reporter who has to cover a story of this class to acquaint himself with the distinctions that characterize the various kinds of robbery and the various names applied to the people who commit this sort of crime: e.g., robber, thief, bandit, burglar, hold-up man, thug, embezzler, defaulter, safe-cracker, pick-pocket. ”

“ In fact, that is what the appearances suggested, for it is manifestly improbable that a person who had committed a crime would take the risk of pawning the product of robbery with violence in the very neighbourhood where the crime had been committed, and after an interval of time which would allow of the hue and cry having already been raised. Your sergeant is probably right in assuming that the man with the mole had nothing to do with the affair. But the finding of this bag is a different matter. It connects that disappearance with the river and it offers a strong suggestion of crime. ”

“ A man who puts to death a criminal who had been apprehended, and made no resistance, shall be strangled, according to the law against homicide committed in an affray.
4. A man who falsely accuses an innocent person of theft (in cases of greatest criminality) is guilty of a capital offence; in all other cases the offenders, whether principals or accessaries, shall be sent into exile.
5. A man who wounds another unintentionally shall be tried according to the law respecting blows given in an affray, and the punishment rendered more or less severe, according to the degree of injury sustained. ”

“ In England and probably in Canada, to steal a horse is death, the first offence; to steal above the value of twelve pence is death, the second offence. All excess of punishment is a crime. To remit a fugitive to excessive punishment is to be accessary to the crime. ”

“ When we turn to the criminal code we find arson laid down as a crime with the appropriate penalty. We find theft and murder denounced as crimes, and their appropriate penalty prescribed; and there, too, we find the last and highest of crimes,—treason. ”

“ If the unhappy person against whom your laudable vengeance is directed be a thief, think that a thief may have a good nose, good eyes, good ears. It is indispensable to his profession that he be possessed of sagacity, foresight, vigilance; it is more than probable, then, that he is endued [Pg 79] with the bodily types or instruments of these qualities to some tolerable degree of perfectness.
4. If petty larceny be his offence, I exhort you, do not confound meanness of crime with diminutiveness of stature. ”

“ Comparing the number of cases of murder, attempts to murder, manslaughter, shooting at, stabbing and wounding, and adding to these offences the crimes of burglary, housebreaking, robbery, and arson—comparing all these cases reported to the police for the five years 1870-1874, with offences of a like character reported in the five years 1884-1888, we find that the proportion of grave offences to the population was, in many cases, as great in the latter period as in the former. [7] This shows clearly that crime, while it is increasing in extent, is not materially decreasing in seriousness ”

“ And as the figures which I have given show that precocity and relapse are even more frequent for minor offences than for crimes, he thinks that they contradict instead of confirming my conclusions.
The mere seriousness of an act cannot by any means divide the categories of criminals; for homicide as well as theft, assault and battery as well as forgery, may be committed, though in different psychological and social conditions, as easily by born and habitual criminals as by occasional criminals and criminals of passion. ”

“ The striker is indicted and tried for murder. Now he is doubtless guilty of manslaughter, but he is less dangerous to the community than a professional thief who preys upon the public by impersonating a gasman or telephone repairer and by thus gaining access to private [Pg 9] dwellings steals the owner's property. One is an accidental, the other an intentional criminal. One is hostile to society as a whole and the other is probably not really hostile to anybody. Yet the less guilty is denominated a murderer, and the other is rarely held guilty of more than petty larceny. ”

“ The penalty for stealing is the return or replacement of the article stolen; but stealing within the community, and perhaps even more so within the clan or village, is regarded as such a disgraceful offence, more so, I believe, than either killing or adultery, that its mere discovery involves a distressing punishment to the offender. As regards wounding and killing, the recognised rule is blood for blood, and a life for a life. ”

“ Any person subject to military law who commits manslaughter, mayhem, arson, burglary, robbery, larceny, embezzlement, perjury, assault with intent to commit any felony, or assault with intent to do bodily harm, shall be punished as a court-martial may direct. ”

“ When one thus commits theft his right hand must be cut off at the wrist; if he commit theft again, his left hand must be cut off; if he commit it a third time, his right foot must be cut off; and if he commit it yet again, he must be put in prison till he repent.’ Then the prince caused the man to receive the due of his crime. ”

“ Thieves that are saved by their books and clergy, for the first offence, if they have stolen nothing else but oxen, sheep, money, or such like, which be no open robberies, as by the highway side, or assailing of any man’s house in the night, without putting him in fear of his life, or breaking up his walls or doors, are burned in the left hand, upon the brawn of the thumb, with a hot iron, so that, if they be apprehended again, that mark betrayeth them to have been arraigned of felony before, whereby they are sure at that time to have no mercy. ”

“ But if, notwithstanding all the Rubs which we have seen to lie in the Way, the Indictment is found, and the Thief brought to his Trial, still he hath sufficient Hopes of escaping, either from the Caution of the Prosecutor's Evidence, or from the Hardiness of his own.
In Street Robberies the Difficulty of convicting a Criminal is extremely great. ”

“ The first laws made would naturally be those which protected persons and property,—to punish acts of violence and theft, and to prevent personal vengeance being inflicted. Thus, murder might be compounded for, under certain circumstances, at a fixed penalty, and every portion of the body injured had its price, from the leg to the little finger, even down to the hair, tooth, or nail. ”

“ On Titus Oates, and on the Death of Augustin de Thou.
HIGH is an offence committed against the security of the commonwealth, or of the king its representative. It is considered as parricide, and therefore ought not to be extended to offences which bear no analogy to that crime. In making it high-treason to commit a theft in any house belonging to the state, or even to speak seditious words, you lessen the horror which the crime of high-treason ought to inspire. ”

“ The people received, therefore, are the murderers who have for some reason escaped the death penalty, and the perpetrators of the more heinous offences against person and property—the men of brutal violence, the highwaymen, the robbers, the habitual thieves, and the receivers of stolen goods, the worst of the swindlers, forgers, cheats, coiners, and such like—in fact the most unrestrained temperaments of a continent. ”

“ In order to answer this question it is necessary, in the first place, to ask what kind of crime such persons will be most likely to commit. It is most improbable that they will be crimes against the person, such as homicide or assault; it will not be drunkenness, because, on the assumption of their destitution, they will possess no money to spend. In short, the offences a person in a state of destitution is most likely to commit are begging and theft. What proportion of the total volume of crime is due to these two offense? ”

“ The police now took possession of the house, and the mysterious nature of the transaction fully warranted them in the first step which they took—the detention of the three servants. A minute examination of the premises took place, the result of which was, a firm conviction on their minds that the murder had been perpetrated by an inmate of the house, and that a simulated robbery had been got up, for the purpose of raising a belief that the diabolical crime which had been committed was the act of a nocturnal plunderer and assassin. ”

“ They were of the most atrocious character—murders committed, not from the ordinary motive of revenge, or of robbery, or to escape from the punishment of other offences,—but its object was indiscriminate murder for dissection, and cold-blooded [293] traffic, rendering the crime profitable in proportion to the number of its victims. These atrocities seem to have attracted the notice of the Lord Advocate, whose conduct, in all these proceedings, he considered highly meritorious. ”

“ Such an action is as much and as flagrant a crime or offence against the community as an act of robbery or murder, which, though primarily an injury to the individual, is primarily avenged as an injury to the State. ”

“ Of course it is apparent that so long as we have crimes committed the wrongdoer must be punished. Wrongdoers naturally try to conceal the evidence of their crimes: the murderer seeks to hide the revolver, the thief seeks to hide the money, the bonds, or the jewels. ”

“ The injured would not prosecute, juries would not convict on clear evidence, judges recommended to mercy, and criminals were emboldened by the chances of escape. The heavy punishments attached to light offences tended to multiply serious crimes; for a thief who knew that he might be hanged was tempted to commit murder rather than be caught. ”

“ That the only way to punish a criminal was to punish him yourself—kill him if you got the chance or get the crowd to lynch him. That if a thief stole from you the shrewdest thing to do was to induce him as a set-off to give you the proceeds of his next thieving. ”

“ A thief must have been three times convicted of the crime ere he can suffer the penalty entailed upon the offence, viz., loss of his hand; and after it is cut off, he has his choice between having it bound up or allowing himself to bleed to death. ”