CRIMINAL LAW 



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there in a primA fade case. The case then goes to 

 tri.il in open court before a judge and jury. The 

 primmer is entitled to be represented by counsel, 

 jiltlmiiuli there is no provision of law in England, as 

 in Scotland, to find counsel for prisoners who cannot 

 utViiul tin- customary fee. The order of proceeding 

 at trial is as follows : When a jury has been sworn, 

 and the defendant has pleaded" not guilty, the 

 counsel for the prosecution opens the case, and then 

 examines the witnesses for the prosecution, who are 

 afterwards cross-examined and re-examined accord- 

 ing to the rules of evidence. Counsel for the 

 prisoner then states the defence, and examines 

 witnesses, and may sum up the evidence to the jury 

 if there are no witnesses for the defence ; counsel for 

 tin* prosecution sums up the evidence against the 

 prisoner. When evidence is g^ven for the prisoner, 

 the counsel for the prosecution has the right to 

 reply ; but in practice it is hardly ever exercised. 

 Alter the reply, the judge sums up the case, and 

 the jury consider their verdict, which must be 

 unanimous. If the verdict be not guilty, the 

 prisoner is discharged ; if guilty, he is sentenced. 

 The prisoner has a right to be present throughout 

 the trial, though the court may probably proceed 

 in his absence if he so misconducts himself as to 

 make it impossible to try him with decency. See 

 Sir J. F. Stephen's Digest of the Law of Criminal 

 Procedure (1883), and his History of that law 

 (1883). 



The procedure in Scotland has been altered 

 and simplified by the Criminal Procedure (Scot- 

 land) Act, 1887. The first step is a petition for 

 warrant to arrest and commit, which may be granted 

 by any magistrate. A person arrested is entitled 

 at once to have intimation sent to any law-agent he 

 may name that his services are required ; and to 

 have a private interview with his legal adviser 

 before the examination, and the legal adviser may 

 be present at the examination. The declaration of 

 the accused is then taken by the magistrate, whose 

 duty it is to warn him that the declaration may be 

 used against him. The next step is the precogni- 

 tion or inquiry into the facts of the crime, which is 

 conducted as a rule by the procurator-fiscal. The 

 accused is then committed for trial on a warrant 

 specifying the offence charged. He is then served 

 with an indictment. Where the trial is by jury, 

 all public prosecution is conducted on indictment 

 in name of the Lord Advocate. The old form of 

 indictment was a lengthy and cumbrous document, 

 and the strictness of the rules as to its form laid 

 it often easily open to technical objections. A 

 simpler and shorter form was introduced by the 

 Criminal Procedure Act. On the day fixed, the 

 trial proceeds in the presence of the prosecutor, 

 who may appear by deputy, and that of the prisoner, 

 which is indispensable. The panel is first called on 

 to state objections to the relevancy of the libel ; 

 these being disposed of, to plead. Ir he pleads not 

 guilty he is remitted to the knowledge of an assize 

 i.e. his case is laid before a jury of fifteen. 

 Evidence is led, first for the prosecution, and then 

 for the defence, and counsel for the parties address 

 the jury, the accused's counsel having the last word. 

 The presiding judge then sums up the evidence, 

 and directs the jury in law. The jury then return 

 their verdict, which need not be unanimous, if a 

 majority agree. If the verdict be not guilty, or 

 not proven, the accused is dismissed from the bar. 

 If it be guilty, the prosecutor moves the court for 

 sentence, which is pronounced ; and can only l>e 

 reviewed by way of pardon. See Macdonald's 

 Criminal Law of Scotland (1877) and N. Mac- 

 donald's Manual of the Criminal Procedure ( Scot- 

 land) Act (1887). 



The criminal law of the United States has closely 



ollowed that of England. Hut in th- I'nited State* 

 ;here are public prosecutors the district -attorneys. 

 In Home states there may also be private prosecu- 

 ion. 



Criminology i* * recently invented term 

 denoting a new science the branch of anthrojol- 

 ogy which deals with crime and criminali*, some- 

 time* called 'criminal anthropology. 1 The science 

 is largely basal on the researches and views of Dr 

 Cesare LombroHo, born of Jewish stock at Verona 

 in 1836, who, after serving as an army surgeon and 

 holding posts as professor of mental diseases at 

 Pavia and director of a lunatic asylum at Pesaro, 

 was appointed profewor of forensic medicine and 

 psychiatry at Turin. He has written numerous 

 works on insanity, criminal insanity, the anthro- 

 pometry of criminals, and the close connection be- 

 tween insanity and genius ( The Man of Genius, 

 trans. 1891 ) ; but his great work is L'Uomo Delin- 

 quente (1875 ; 4th ed. 1889), in which his theory of 

 criminology is expounded. The criminologist holds 

 that the congenital habitual criminal is marked by 

 conspicuous physical and mental defects. Arrested 

 cranial development and deformity, heavy jaws, 

 ugly features, and many other minor abnormal 

 physical characters, are associated with moral 

 insensibility, low intelligence, vanity, and irregular 

 emotional peculiarities verging on insanity. The 

 occasional criminal who yields to severe or special 

 temptations is treated as belonging to a wholly 

 distinct category. The acceptance of these anthro- 

 pological views would naturally lead to somewhat 

 sweeping changes in the treatment of criminals, 

 with a view to their reclamation somewhat on the 

 lines of the treatment in use at Elmira. 



See, besides the works of Lombroso, the Archive* de 

 V Anthropologie Criminelle, and The Criminal by Have- 

 lock Ellis ('Con temp. Science' series, 1890); also the 

 articles PRISONS, REFORM ATOBIKS AND INDUSTRIAL 

 SCHOOLS, INSANITY, CAPITAL PUNISHMENT. 



Crimp, a person who usually keeps a sailors' 

 boarding-house, and who professedly occupies him- 

 self in finding employment for seamen. Crimps, 

 or ' runners ' as they are often called, and the dis- 

 reputable persons who are associated with them, 

 live by pandering to the follies and vices of the 

 lower and less provident class of seamen. Their 

 object is to get hold of the sailor and his effects, 

 keep him by means of drink or drugs in their power 

 until his wages are paid ; and fleece him of his 

 money, and even of his clothes. 



Crinan Canal, an artificial waterway, 9 miles 

 long, in the west of Argyllshire, between Loch 

 Gilp, a branch of Loch Fyne, and Loch Crinan, in 

 the Sound of Jura, at the head of the peninsula of 

 Kintyre. Constructed in 1793-1801 at a cost of 

 183,000, to avoid the circuitous passage of 70 

 miles round the Mull of Kintyre, it is 24 feet 

 broad and 10 deep, has 15 locks, and admits 

 vessels of 200 tons. In 1859 the three reservoirs 

 feeding it burst, and government had to repair the 

 damage at a cost of 12,000. The receipts seldom 

 cover the year's expenditure. 



Crinoidea (Or., ' lily-like'), a class of Echino 

 dermata, sometimes called feather-stars or sea- 

 lilies, and well known in fossil form as encrinites 

 or stone-lilies. While agreeing in general structure 

 with starfishes and other Echinoderms, the Crinoids 

 present many peculiarities. They are fixed per- 

 manently or temporarily, mouth upwards, by r 

 stalk, which is usually jointed. The visceral ma 

 is inclosed in a cup at the apex of the stalk. As 

 in most other Echinoderms, there are numerous 

 limy plates, forming the stalk, the supporting cup, 

 the framework of the arms, &c. Tne anus lies 

 near the mouth. The ' arms,' though typically five 

 in number, may be very much multiplied ( towards 



