Opinion of Attorney General Stanbery Under Reconstruction Laws
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In our eReader you can find the full English version of the book. Read Opinion of Attorney General Stanbery Under Reconstruction Laws Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Opinion of Attorney General Stanbery Under Reconstruction Laws
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Inasmuch as the tribunal to punish, and the measure or degree of punishment, are established by this act, we must construe it to be prospective, and not retroactive. Otherwise it would take the character of an ex post facto law. Therefore, in the absence of any language which gives the act a retrospect, I do not hesitate to say it cannot apply to past offences.
There is no legislative power given under this military bill to estab- lish a new criminal code. The authority given is to try and puni...sh criminals and offenders, and this proceeds upon the idea that crimes and offences have been committed ; but no person can be called a criminal or an offender for doing an act which, when done, was not prohibited by law.
But as to the measure of punishment, I regret to be obliged to say that it is left altogether to the military authorities, with only this limitation, that the punishment to be inflicted shall not be cruel or unusual. The military commission may try the accused, fix the measure of punishment, even to the penalty of death, and direct the execution of the sentence.
What to read after Opinion of Attorney General Stanbery Under Reconstruction Laws?
You can find similar books in the "Read Also" column, or choose other free books by United States. Dept. of Justice to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Inasmuch as the tribunal to punish, and the measure or degree of punishment, are established by this act, we must construe it to be prospective, and not retroactive. Otherwise it would take the character of an ex post facto law. Therefore, in the absence of any language which gives the act a retrospect, I do not hesitate to say it cannot apply to past offences.
There is no legislative power given under this military bill to estab- lish a new criminal code. The authority given is to try and puni...sh criminals and offenders, and this proceeds upon the idea that crimes and offences have been committed ; but no person can be called a criminal or an offender for doing an act which, when done, was not prohibited by law.
But as to the measure of punishment, I regret to be obliged to say that it is left altogether to the military authorities, with only this limitation, that the punishment to be inflicted shall not be cruel or unusual. The military commission may try the accused, fix the measure of punishment, even to the penalty of death, and direct the execution of the sentence.
What to read after Opinion of Attorney General Stanbery Under Reconstruction Laws?
You can find similar books in the "Read Also" column, or choose other free books by United States. Dept. of Justice to read onlineMoreLess
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