Encyclopaedia Americana: a popular dictionary of arts, sciences, literature, history, politics and biography, brought down to the present time : including a copious collection of original articles in American biography : on the basis of the seventh edition of the German Conversations-Lexicon (Volume 4).

Date:: 1830-33

Credit: Encyclopaedia Americana: a popular dictionary of arts, sciences, literature, history, politics and biography, brought down to the present time : including a copious collection of original articles in American biography : on the basis of the seventh edition of the German Conversations-Lexicon (Volume 4). Source: Wellcome Collection.

Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)

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tinction in guilt and punishment which is made between principals and accessories. Pei-sons are called principals in tJie first degree, who are the actors or jjerpetratore of the ottence. Pei-sons who arc present, aiding and abetting the perpetrator, are called principals in the second degree. This presence may be either in fact, as where die parties are iuiniediatcly standing by, or are within sight and hearing; or con- structive, as when the party, though not within sight or hearing, is on the watch at a convenient distance, ready to assist, and near enough to do so, if required. There are cases, too, in which a person may be the principal in construction of law, althougli he is absent, and the lact is done through the instrumentality of anoth- er; as, in cjise of murder by poisoning, a man may be the prliicipal felon by pre- paring or laying the ])oison, with an inten- tion that it should be taken, or by employ- ing an innocent person to administer it, under f;dse pretences, although he is not personally present when it is taken or administered. 3Iany cases of the hke nature may be easily put. An accessory is he who is not the chief actor in the of- fence, nor present at its perpetration, in the sense above stated, but who is in some manner concerned in it, either before or after the fact is committed. If he pro- cures, counsels, abets or commands the crime, and is absent at its commission, he is deemed an accessoiy before the fact If, without any such participation in it, he knows that the crime has been committed, and afterwards relieves, assists, comforts or receives the offender, he is deemed an accessory ajler the fact. Thus, if he aids the offender to escape, or rescues him from arrest, or conceals or supports him, he is deemed an accessoiy atter the fact; so if he buys or receives stolen goods, know- ing them to be stolen. There are certain classes of offences at the common law which admit of no accessories. Thus, in treason, all the ])arties concerned are deem- ed principals propter odium delicti; and in offences which are under the degi-ee of fel- ony, and in trespasses, all persons con- cerned are deemed principals, for an oppo- site reason, because the law will not con- descend, in petty crimes, to ascertain the different degrees of guilt. In all other offences, that is, in all except the highest and the lowest, there may be, technically speaking, accessories. It follows as a maxim, that, in such cases, the accessoiy cannot be guilty of a higher offence than his principal. In respect to punishment, the ancient common law did not malie any distinction between accessories and princi- pals ; but by statute, many distinctions are now made, and especially regarding ac- cessories after the fact. In the U. States, few of our criminal codes have failed to mark out very strong differences in the punishment. There are, in fact, many reasons which require the distinction be- tween principals and accessories to be constantly kept in view. In the first place, in many instances, a man cannot be tried as accessory until after the trial and con- A'iction of tlie principal. In the next place, if a man be indicted as accessory and acquitted, he may still be indicted as principal. In the third place, as a natural inference from the other considerations, the defence of the accused may, and often must, turn upon very different principles, where he is accused as accessoiy, liom what might or could arise if he were accused as principal.—In respect to the mode of presentment and tiial for of- fences. In England, no pereon can be brought to trial, for any capital offence or felony, except upon the presentment or indictment of a grand jury ; but for infe- rior offences or misdemeanors, an informa- tion, in the nature of an indictment, may be filed by the king's attoniey-general, or other proper officer, upon which the party may be put upon trial. Even in such cases, an indictment also lies. In the U. States, informations are rarely resorted to in any of the states in such cases; and the usual, and, in many cases, the only constitutional couiSc is an indictment by a grand jiny. All offences, whetlier charged by indictment or information, are, by the .common law, to be tried by a jury com- posed of 12 men, and their verdict is con- clusive upon the facts. In the U. States, this privilege of trial by juiy is generally secured by the constitudons of the state and national governments. A privilege often quite as valuable to the accused, is that of being assisted by counsel in the management of liis defence. It is a cu- rious anomaly m the English jiu-ispru- dence, that counsel are admissible in the argument of facts to the jury only in the highest and lowest offences; in treason, by the express provision of statute, and in mere misdemeanor, by the common law. In all capital cases, except treason, the ac- cused is denied this privilege ; and, how- ever important and useful such a privilege may be, the introduction of it has been hitherto successfully resisted in the British parliament. In the U. States, a far differ- ent, and, as we think, wiser and more hu- mane rule prevails. In all criminal cases,

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