Punched card

“ The individual will sue in a civil court, to recover pecuniary damages, in an ordinary suit of tort, while the State, for the same offense, through the district attorney's or prosecutor's office, will criminally proceed against the guilty party. We shall now consider briefly some of the more important torts and crimes.
ASSAULT AND BATTERY.—Assault is an attempt, real or apparent, to do injury to the person of another. Battery is a completed assault. It is not necessary that a person have the actual ability to carry out the threat to constitute an assault. ”

“ Assault and battery is a crime punishable by fine of $50, but not with disqualification to hold office. Suppose A. today commits that offence, is tried and fined. To-morrow, Congress passes a law that no person shall be admitted to hold any office of honor, profit, or trust until he shall subscribe an oath that he has never committed the crime of assault and battery. Is it not apparent that such act, in its practical operation, would be ex post facto, as adding to the punishment of assault and battery an important penalty not attaching when the crime was committed? ”

“ This is the first object of punishment—to make satisfaction to outraged law.” This conception, like the preceding, marks a stage in the transformation of revenge into criminal justice. Until this transformation is complete, the remedy of punishment is more or less assimilated to that of redress. Revenge is the right of the injured person. The penalty of wrongdoing is a debt which the offender owes to his victim, and when the punishment has 84been endured the debt is paid, the liability is extinguished, innocence is substituted for guilt, and the vinculum juris forged by crime is dissolved. ”

“ An exposed card can only benefit the adversaries, consequently no penalty is attached; but should the lone hand lead out of turn, he is supposed to be attempting to gain an advantage, therefore Rule 104 has been adopted. ”

“ This is not the first time we have been called upon to consider whether a criminal defendant's satisfaction of one of two alternative penalties prevents a court from imposing (or reimposing) the second penalty in a subsequent proceeding. In Ex parte Lange, 18 Wall. 163, 21 L.Ed. 872 (1874) , the first case to recognize the Double Jeopardy Clause's protection against multiple punishment, petitioner was convicted of stealing mailbags from the Post Office, under a statute carrying a punishment of either imprisonment for up to one year or a fine of up to $200. ”

“ An attack on a servant with a knife is punished by forfeiture of the knife and a fine of half a florin, and a penalty of a florin (divided among the four victims) is inflicted for entering a house with arms and wounding the fingers of some of its inhabitants. A ruffian of noble birth, who had been guilty of gross immorality and of violence, declines to appear in the Rector's Court, and is duly sentenced to expulsion. ”

“ Not only because they do not wear swords, but because to men of that class reputation is of less importance than it is to those of a higher rank, who commonly regard each other with distrust and jealousy.
It may not be without its use to repeat here, what has been mentioned by other writers; viz. that the best method of preventing this crime is to punish the aggressor, that is, the person who gave occasion to the duel, and to acquit him, who, without any fault on his side, is obliged to defend that, which is not sufficiently secured to him by the laws. ”

“ Every man who fought a duel, even though he did not wound his opponent, should be tried, and, upon proof of the fact, be sentenced to have his right hand cut off. The world would then know his true character as long as he lived. If his habits of duelling were so inveterate, and he should learn to fire a pistol with his left hand, he should, upon conviction of a second offence, lose that hand also. This law, which should allow no commutation of the punishment, under any circumstances, would lend strength and authority to the court of honour. ”

“ First, the statute states that the punishment specified in §924 (c) (1) "shall" be imposed "in addition to" the penalty for the predicate offense. §924 (c) (1) (A) . Second, after Busic, §924 (c) demands a discrete punishment even if the predicate crime itself "provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device." Ibid. Third, §924 (c) (1) (D) (ii) rules out the possibility that a §924 (c) sentence might "run concurrently with any other term of imprisonment." ”

“ The great principle of legislation, that the severity of punishment ought not to be so great as to shock the general feeling, is gradually toiling its way from the works of theorists (as they are called) , into the heads of practical men, and in the course of a few ages these latter gentlemen may also be taught, that to visit with the same penalty the aggressor and his antagonist, whom he has forced into a duel, is not quite consistent with sound and enlightened maxims of justice ”

“ Any officer who is convicted of conduct unbecoming an officer and a gentleman shall be dismissed from the service.' [Rev. Stat. § 1342.]
It is said that the punishment must be imposed under either the 60th or the 61st articles; or under both; that the only penalty under the 61st article is dismissal; that the punishment under the 60th article may be 'fine or imprisonment, or by such other punishment as a court-martial may adjudge;' and that this is in the alternative, and cannot be cumulative. ”

“ In the Sachsenspiegel, and in one text of the Schwabenspiegel, the principle is laid down that a defeated appellant escaped with a fine to the judge and to his adversary, while the defendant, if vanquished, was visited with the punishment due to his crime, or even with a heavier penalty;544 while the Saxon burgher law and another text of the Suabian code direct that whichever party be defeated should lose a hand, or be executed, according to the gravity of the crime alleged.545 An exceptional case, moreover, was provided for, in which both antagonists might suffer the penalty ”

“ There can be no argument that excessive whipping or an inappropriate manner of whipping or too great frequency of whipping or the [*580] use of studded or overlong straps all constitute cruel and unusual punishment. But if whipping were to be authorized, how does one, or any court, ascertain the point which would distinguish the permissible from that which is cruel and unusual? (7) Corporal punishment generates hate toward the keepers who punish and toward the system which permits it. It is degrading to the punisher and to the punished alike. ”

“ There can be no doubt that, by the law of England, parties who go out deliberately to fight a duel, if death ensues, are guilty of murder. It will be my duty to state to your lordships a few of the leading authorities on this point. I will mention the highest authorities known to the law of England—Hale, Hawkins, Foster, and Blackstone. Hale, in his Pleas of the Crown, vol. i. page 453, says:—‘If A and B suddenly fall out, and they presently agree to fight in a field, and run and fetch their weapons, and go to the field and fight, and A kills B, this is not murder, but homicide ”

“ To check injury of the person the Vendidad lays down the rule, that anyone who lifts up his weapon against a man without beating him, is to receive twice five stripes the first time, and twice two hundred on the seventh occasion of committing the offence, if he has not expiated the preceding six offences; if he has expiated them, the measure of the first offence is dealt out on each occasion. Anyone who attacks another not in anger but with malice, is to be punished with twice fifteen, and on the sixth occasion with 200 stripes, in case he has not expiated the former offences. ”

“ The no ion of punishment, as we commonly understand it, cuts across the division between the civil and the criminal law, and for the purposes of assessing whether a given sanction constitutes multiple punishment barred by the Double Jeopardy Clause, we must follow the notion where it leads. ”

“ To it is confided the power to adapt the punishment to the degree of crime. It may sentence the full penalty upon one offense. It may, though it is not required to, do more upon three offenses, and in a single sentence of one day, or of eighteen months, or three times eighteen months, it may express its views of the criminality of a defendant, and, to use the language of the statute, 'proportion the punishment especially to the degree in which the abuse of the postoffice establishment' enters as an instrument 'in the defendant's fraudulent scheme and device.'
The rule is discharged. ”

“ They laughed when the magistrate said his fountain pen had run out of ink and, looking into the detention pen, inquired, "Would any of you blue bloods care to make a donation?"
They laughed when a court attendant read a complaint which charged that the defendant, a small skinny man, had attacked the arresting officer, and that the officer (six-three, two hundred and ten pounds) had used reasonable force in defending himself. The man's broken arm was in a sling and bandages covered twelve stitches in his scalp. ”

“ By our old law, if a man was killed in a quarrel, or in a sudden affray, it was equally felonious.
Many jurisconsults endeavoured to bring slaying in a duel within the class of murder, contrary to the general rule, that death ensuing in a mutual combat is only manslaughter; because, they said, when parties went out deliberately to fight with deadly weapons, there was presumptive malice aforethought, omitting all notice of treachery; which, in an ordinary duel, decided upon by seconds, appears to be the only ground for presuming that felonious malice was contemplated. ”

“ It still involves violence, but its element of breach of the peace extends to those breaches which do not amount to felony. It can include assault and battery, physical force to land, and physical force to chattels, e.g. assaulting and beating the plaintiff, breaking into his close, or carrying off his goods. One found guilty is fined and imprisoned. As in criminal matters, if a defendant does not appear at court, his body can be seized and imprisoned, and if he cannot be found, he may be outlawed. Trespass to goods results in damages, rather than the return of the goods. ”

“ Killing another in a duel is murder, and punishable with death. If death does not ensue, imprisonment. Challenging, or accepting a challenge to fight, or to be present as a second, imprisonment. Dueling is not a punishable offense in every state.
§18. Aiding or attempting to aid a prisoner committed for felony, to escape from confinement, or forcibly rescuing a prisoner charged with crime, from the custody of a public officer, is a crime. If the offense for which the prisoner is committed is less than felony, the punishment is imprisonment in jail, or fine, or both. ”

“ To that end, the determination whether a given civil sanction constitutes punishment in the relevant sense requires a particularized assessment of the penalty imposed and the purposes that the penalty may fairly be said to serve. Simply put, a civil as well as a criminal sanction constitutes punishment when the sanction as applied in the individual case serves the goals of punishment. ”

“ A very common tort is an assault and battery. A person who threatens another with immediate personal violence, having the means and opportunity for executing the threat, commits an assault for which damages may be recovered in a proper action. To raise a club over the head of another and threaten to strike if he speaks, would be an assault. "Absence of intent," says Burdick, "on the part of the defendant to put the plaintiff in fear of bodily harm, is pertinent to the defense that the injury was accidental, or due to a practical joke." ”

“ I am concerned solely with the imposition, without trial by jury, of fixed nontrivial punishments after compliance with the court's order has been secured.
Thus limited, criminal contempts are not essentially different from other 'crimes' or 'criminal prosecutions.' In each case punishment is imposed for a past violation of a mandate of a coordinate organ of government: [38] criminal contempt involves punishment for violation of an order of a court; 'crime' involves punishment for violation of a statute enacted by a legislature. ”

“ Or, take the case suggested on the argument: should an attorney, in the course of a trial, get into a personal collision with the opposing counsel or with a witness, and assault him with a deadly weapon, or kill him, the court would undoubetedly require the offender to show cause why he should not be expelled from the bar for the violence, disturbance, and breach of the peace committed in its presence. It would be sufficient to justify expulsion that he had so far forgotten the proprieties of the place and the respect due to the court as to engage in a violent assault in its presence. ”

“ No suit shall lie for damages alleged to arise by seizure and detention of liquors under this act. Any person violating the terms of any restraining order granted in such proceedings shall be punished for contempt by a fine of not less than two hundred dollars nor more than one thousand dollars, and by imprisonment in the state penitentiary not less than ninety days nor more than one year. ”

“ Person being published as cowards who refuse to accept challenge to duel. Penalty.Sect. 118. If any person or persons shall, in any newspaper or handbill, written or printed, publish or proclaim any other person or persons as a coward or cowards, or use any other opprobrious or abusive language, for not accepting a challenge to fight a duel, or for not fighting a duel, such person or persons so offending, on conviction, shall be fined in a sum not exceeding five hundred dollars, or imprisoned for a term not exceeding three months. ”