Page:Black's Law Dictionary (Second Edition).djvu/307

Rh

sometimes by treaties, Rev. St. U. §. §§ 4374, 4375 (U. S. Comp. St. 1901. p. 2986). It is necessary for the protection of the crews of every vessel, in the course of the v(:,v:igc, during ii war nhroad. J ac Sea Laws, (50, (59. note.

An officer of :1 court, who makes piociiiinntions. IIls principzil duties are to iinnounco the opeiilii: of [he coiiil, and its .i-ljoiirunient uni] the fact that certain spe- r.-iril niritiers nre aliout to be transacted. to I1lilJ0llllLe the admission of persons to the bar. to mill the names of jurors, witnesses, and parties. to announce that a witness has been sivoi ii. to proclaim silence when so d.ii'eL-ted, and generally to make such proclamations of ii puliiic nnture as the judges order.

CR1]-JZ LA PI-JEZ. Rehearse the cocnord, or peace. A phrase used in the ancient proceedings for levying fines. It was the form of words by which the justice before nhorn the parties appeiired directed the serjeant or countor in attendance to recite or mud aloud the concord or agreement between the parties, as to the lands intended to be cnmeyeil. 2 Reeve. Eniz. Law. 224. 225.

CRIM. CON. An niiiirerlation for "criminal conversation," of iery freqiient use, de- noting niiultcry. Giiison v. Cincinnati En- quirer. 10 Fed. Cos. 311.

CRIME. A crime is an act committed or omitted. in violation of a public law, either forliidding or commnntiing it; a hrench or violation of some public right or duty due to a whole continunity. considered ns a comininiity in its social a',t:,.'re' ite capzicitv iis disiiiiguislied from a ciiii injury. Wilkins \. U. S.. 96 Fed. S37, 37 C. C. A. 58- : Pounder v. Ashe 36 i\'eb. 564. 54 N. W. 847; Suite i. Bishop. 7 Conn. 185'. In re Bergin. 31 Wis. -'N'-- State i. Brazier, 3'.‘ Ohio St. 78; Peo- ple v. Wiliiriins. 24 I\ll(‘l). 163, 9 Am. Rep. In re Cinch, 9 Wend. (N. Y) 212. "l.‘iiiiie" and "niisdcmc.-anor," properly spea \-
 * 'n'.v, are synonyiuons i.eii.iis: tlioiiizli in comim-n usigre "crime" is made to denote such

-.11! i‘llStS as are of a deeper and more atro- HIHIS dye. 4 Bl. Comm 5.

l'l'lll'l(!S are those wrongs which the gov- criiment notices as injurious to tJ.ie puliilc,

anti piini ies in what is ciilled a "criniiiial ninicediii_L_'." in its own name. 1 Bish. Cl"lKlJ. Liiw, § 43.

A crime may be defined to be any act done In violation of those duties which an indi- vidual owes to the corniuiiuity, and for the lI|'l'I("l'| of which the law has proiideil that the offender shall make siitisfiictiiiii to the [|llllllC. Bcii.

A crime or public offense is an act committed or ouiil.l.ci1 in violation of a law foriii - ding or coi.nmand_ing it, and to which is annercd. upon conviction, either of the following punishments: (l) Death: (2) imprison- inent; (3) fine; (4) removal from office; or I5) disqualification to hold and enjoy any

99 CRIME

office of honor, trust, or profit in this state. Pen. Code Ca § 15.

A Crime or niisiie ie.in0r shall consist l.n I1 viol.itinn of :1 IJlll>'l law, in the ciiniinission of nhich there Sll"ill iie a union or joint operiition of act and intention, or criminal negligence. Code Ga. 18332. 5 4292.

Synonyms. According to Blackstone, the viord "crime" denotes such offenses as are of n (lccpcr and more atrocious dye, while smaller Eaiilrs and omissions of lcss consequence nre called "n:iis(lcmeanor5." But the better use appears to be to make crime a teim of broad and general import, including both felonies and misdt-incanols, iind hence covering all infractions of the criminal law. In this sense it is not n l.PCllI.\l('8l phrase. strictly speaking, (as "fel- onv" and "misrlenieanor" are.) but 8 convenient Federal term. In this sense, also, "ol1'e-nse" or ‘public otfense" should he used as synonymous with it.

The distinction between a crime and si tort or ciiii injury is |h:it the former is E hreai-h and violntion of the piihlic right mid of duties due to the whole community considered as such, and in its social and ncerczate capacity: whereas the latter is an infringement or pi-ivntion of the civil rights of individuals merely. Brown.

crime, as opposed to a civil injury, is the violation of :1 right, consiilernd in reference to the evil tendency of such Ilnlflfiflfl. us regards the community at large. 4 Stcph. Comm. 4.

Varieties of crimes.—-Capital crime. One for nhioh the punishment of death is prescribed nnrl infiictcd. "fnllnxr v. State. 28 Tax.

App, 50. . - S. W. 8647: Ex 1')!ll'1‘e Diiscnherry. 97 Rio. I04, 11 S. W. 217 —Cammnn-law crimes. Such crimes as nre punishable h_v the

force of the common law, as di.-.-Haeiiishcd from ' atcrl by statute. Wilkins v. Il. Q ti 7. 37 C. C. A. -583: In re Grr-cue C.) 52 Fed. 111. cse decisions lnnrl inanv others) hoid that there are no common- law crimes Ii-J:.'iinst the Foiled Stnt9s.—‘."onstunt:-five crizme. See (‘o=\'s'rnuc'riva.—Continuous crime. One consisting of a contin- unus sci-ies of acts, which endures after ilie period of cnnsummntion, as, the olfense of car r_\-in-7 ronr-calr-H weapons. In the case of instiintnneoiis crimrs, the statute of limitations begins to run with the COIl3~‘|ll’lJl’iJ£|fiOlJ_ nliilc in tho ciise of cmitinnous crimes it only linizins with the cessation of the criminal cnurl-icl or art U. S. v. Owen (T3. (1)32 Fed. 5.'I7.— rinns ag.-sdnst nature. The nflense of liiig,-zorv or Ffvllll']lV. Siam v. Vicknair, 52 In Ann. 19"’ I Aiismnn v. Veal. 10 In‘ 71 \in People v. \\’illl.'iriis. I‘. 3. .—I-I:'|._-;h cri Hirli crimes and mis- drineanora are such immoral and unlawful sits us are nearly allied and Pniizil in giillt to fclunv, yet, oning to some toclinictii circiimstanri-. do liin the definition of "felony." Srnte v. I{n.'ipp. 6 Conn. 417, 1G Am. Doc. (’>S.—In- famous crime. A crime which entails in- fnmv upon one who has committed it. Iiutier V. Wcntwoflli. Kl Mn 1. 2-1 All. 456. 17 L. R. A. Tb‘-l. The term in -imons’—¢'. r., withmit fame or good repn1't—wiis applied at common law to certain crimes, upon ihe conviction of which E person hecame incompetent to testify as {I witness, upon the theory that a person would not commit so heinniis a crime unless he was so dcpraved as ‘lo be unworthy of credit. 'I"lir-so crimes are treason. felony, and the an en fnlxi. Ahhott. A crime punishable by imprisonment in the state prison or penitentairy. viith or wiihnut liurd labor. is nn infamous crime, within the proiision of the fifth (unend- mcut of the constitution that "no person shall he iield to answer for 8 capital or otherwise infimous crime unless on a presentment or indictnu-nt of a grand jury." Mziilcin v. I‘. S. 117 U. S. 348s 6 Sup. CL 777, 29 L. Ed. 909.

a A W 2 ='>

53 s

I! n