The Future of the Criminal Law

Cover The Future of the Criminal Law
The Future of the Criminal Law
Roscoe Pound
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Pompeius has been besieged by them, yet when appeal is made to me I will not follow the example of him with whom I find fault, and I will quash this sentence." 89 Strachan-Davidson says of this: "Men who could applaud such absurdities deserved to have ^he criminal class continually flourishing in their midst." 40 Yet one can imagine a historian of Anglo-American criminal law two thousand years hence setting forth the oft-told stories: how in the nineteenth century the Supreme Court of one of ou...r states reversed a conviction of rape because the word "the" was lacking in the averment of contra- vention of the peace and dignity of the state; 41 how the court of criminal appeals of another state reversed a conviction for murder because the written verdict found the accused guilty in the "fist" 42 degree; how in another case a written verdict of "guity" 43 was held of no effect and a verdict assessing as punishment imprisonment in the state "penty" was held fatally bad. 44 No doubt he also will say that nineteenth-century America deserved to have the criminal class that undoubtedly flourished in its cities and on its frontiers.

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