Page images
PDF
EPUB

PREFACE TO THE FIRST EDITION.

THE appearance of a new work on the Criminal Law may demand a few words of explanation. Many treatises dealing with this subject are already in existence. Why another? A mere enumeration of the modern standard authors will disclose the want of a manual which neither confines itself to the historical and philosophical view of the matter, nor descends into the minute particulars of the practice of the law. To mention those that are best known :- Russell on

Crimes" is contained in three bulky volumes, and has little concern with criminal procedure. Archbold's and Roscoe's Criminal Practice, entering into every detail, are designed for the reference of the practitioner, when points actually present themselves. The modern commentaries founded on those of Blackstone stray into historical disquisitions which are apt to envelop the existing law in obscurity; and, besides, the Criminal Law is contained in one of four volumes. Sir James Fitzjames Stephen's "General View of Criminal Law" does not profess to be an exposition of the offences and criminal procedure of our country: it has quite another object.

Such

It seems, then, that there is scope for a comparatively small treatise concerning itself with the nature of crimes, the various offences punished by the law, and the proceedings which are instituted to secure that punishment. a work is calculated to meet the requirements of the young practitioner, who, in the first instance, wants a general introduction to the subject. It is also designed for the use of students, especially those preparing for the final examination of the Incorporated Law Society. To such, as well as to the general reader, it is hoped that the present undertaking will commend itself.

We have referred above to certain well-known works on Criminal Law. These, the reports, the older text-books, and other authorities have been made to contribute information as the occasion required. Special acknowledgment is due, and is hereby rendered, to the "General View" of Sir James. Fitzjames Stephen, from which frequent quotations have been made and matter borrowed, to an extent sufficient to lead to further perusal of that work.

It is hoped that, while nothing useless and obsolete has been retained, there has not been any omission which will prevent the reader from obtaining a fair general view of the existing Criminal Law.

LIVERPOOL, Spring Assizes, 1877.

S. F. H.

An explanation must be given of the manner in which the punishments affixed to the various crimes are set forth in the body of the work. It was thought that much repetition might be avoided if attention were drawn to a few general rules. Only the maximum limit of penal servitude is noticed in the text, as, with very few exceptions which are specially pointed out, the minimum limit is five years. Where penal servitude may be awarded, almost without exception (any exception being mentioned), the court has the alternative of sentencing to imprisonment for a term not exceeding two years; therefore such imprisonment has not generally been specified. The rules as to hard labour, whipping, and solitary confinement are adverted to in the chapter on Punishment. A reference to the Table of Offences at the end of the volume will clear up any difficulty which may arise.

PREFACE TO THE THIRD EDITION.

THE legislation and cases belonging to the short period which has elapsed since the publication of the last edition have been embodied in this Third Edition. The work has been thoroughly revised, and it is again sent forth with the hope that a reception equally favourable with that given to the two former editions will be accorded to it.

S. F. H.

A. A.

« PreviousContinue »