Criminal law is the law relating to crimes. The general theory of the common law is, that all wrongs are divisible into two species: first, civil or private wrongs or torts; secondly, criminal or public wrongs. The former are to be redressed by private suits or remedies instituted by the parties injured. The latter are redressed by the state acting in its sovereign capacity.
The general description of the private wrongs is, that they comprehend those injuries which affect the rights and property of the individual, and terminate there; that of public wrongs or offences being, that they comprehend such acts as injure, not merely individuals, but the community at large, by endangering the peace, the comfort, the good order, the policy, and even the existence of society. In the first, therefore, so far as the law is concerned, the compensation of the individual whose rights have been infringed is held to be a sufficient atonement; but in the second class of offences it is demanded that the offender make satisfaction to the community as acting prejudicially to its welfare. The exact boundaries between these classes are not, however, always easy to be discerned, even in theory; for there are few private wrongs which do not exert an influence beyond the individual whom they directly injure. The divisions, torts and crimes, are thus not necessarily mutually exclusive, cases sometimes occurring in which the person injured obtains damages, while at the same time the criminal is subjected to punishment, not as against the individual, but as against the state. It is, moreover, obvious that legal criminality is not in any strict sense the measure of the morality of actions, though the legal enactment tends to enforce itself as a moral law. In large part it is only an approximate expression of the current sense of justice, this expression being both aided and hindered by the historical and constantly reflexive character of legal method.
The basis of the criminal law of Great Britain is to be found in a series of loose definitions and descriptions, of which many, and those among the more important, date from the 13th century. The irregular superstructure reared upon these consists mainly of parliamentary enactments which originated in the 18th century, but have been twice re-enacted in the 19th century - the first time between 1826 and 1832, and the second time in 1861, with an intermediary attempt at amendment in 1837. The laws as formulated, however, by no means always represent the law as interpreted, the whole system being further complicated by a mass of judicial comments and particular constructions. Thus while there is a statutory division of crimes into treasons, felonies, and misdemeanours, the distinctions between them are so uncertain that it is possible to regard the first head as merely the isolation of a sub-case of felony; while in respect of the second and third classes, the distinction can only be clearly marked by an enumeration of the crimes arbitrarily assigned to each in the common law and judges' decisions.
Even in severity of punishment a misdemeanour may rank as high as a felony. The Criminal Statutes Consolidation Acts - the result of a series of commissions extending over thirty years - accomplished little more in the way of systematization than the introduction of greater exactitude into the definition of certain individual offences and the gradation of penalties. The aim of criminal law as at present constituted, and since the end of the 19th century, is both retributive and preventive - in its former aspect being based upon the primitive passion of retaliation, in the latter primarily upon the fundamental instinct of self-preservation. The prevention of crime may, however, be effected in a threefold manner: by imposing a penalty which shall operate by fear to deter people from committing crimes, or by rendering it physically impossible for a person of known criminal tendency to repeat an offence, or by the reformation of the criminal. With the higher evolution of society the principle of retaliation has fallen into theoretic disrepute, though still a practical legal factor; and the problems of penology are made to turn almost exclusively upon the principle of prevention in these three aspects, and especially on the two last. The discovery in the 19th century that fear of a penalty only operated up to a certain point, beyond which an excessive punishment exercised a brutalizing tendency, led to a large mitigation of penal severity accompanied by a wide desire for the abolition of capital punishment, though this took almost one hundred years to be realised in Great Britain; while, on the other hand, various schemes have been devised for making punishment reformatory. These original changes in criminal law date in a large measure from the publication of Beccaria's Dei Delitti e delle Pene (On Offences and Penalties) in 1764. Research Criminal Law
Factory (from factor), is a name which appears originally to have been given to establishments of merchants and factors (agents) resident in foreign countries; it now signifies a place in which the various processes of a particular manufacture are carried on simultaneously. The rapid growth of factories in this sense is a comparatively recent development of industry, resulting from the free use of machinery and the consequent subdivision of labour sine the late 18th century. Amongst the advantages of the factory system are generally counted: increased productivity arising from the minute division of labour; the mechanical accuracy, and the cheapness of the product turned out by machinery (mass production); the facilities for union and co-operation for common improvement afforded by bringing large masses of workmen together. But this last consideration is probably more than counterbalanced by the smaller amount of independent intelligence called forth in the individual worker, through the monotony of the minutely subdivided operations. Since the 19th century the disadvantages of the factory system have been recognised, and were originally cited as the unhealthiness of the crowded rooms, and the increasing demand on the labour of women and children, which was perceived as interfering with the economy of domestic life. This last issue was sought to be redressed by factory acts, first passed in the late 18th century. Research Factory
The meeting of the Long Parliament (as it was afterwards called) in November 1640 ended the great days of the English monarchy, and sowed the seeds for the English Civil War. The Commons were determined on reform; they meant to put an end to the king's unconstitutional methods in both Church and State. Charles I himself, though he seldom faced facts, saw that some concessions would be necessary. But a real settlement was not achieved, chiefly because tempers were rising and the atmosphere soon became that of a revolution. Charles was partly to blame. He had no real desire for a lasting understanding with Parliament, and his shifty character aroused general distrust. But he found that the more he gave way to Parliament, the more it demanded. John Pym, a squire of Somerset, was the acknowledged leader of the Commons.
His enemies nicknamed him 'King Pym'. He was 'the first great popular organiser', for he used the press, the petition, and even the platform to support his cause. He now led the attack on the chief instruments of the late personal government. The judges who had upheld Charles's financial exactions in the Courts were arrested and imprisoned, and so was Archbishop Laud, who was beheaded in 1645. But the principal victim was Strafford. He was charged with having tried to 'subvert the fundamental laws and government of England and Ireland, and instead thereof to introduce an in March arbitrary and tyrannical government against law'. 1641 he was brought to Westminster Hall to be tried for high treason. But his accusers were at once faced with a difficult point. Strafford may have tried to 'subvert the laws'; but treason meant treason to the king, and had Strafford been a traitor to Charles? It was difficult to prove that he had, and as the trial proceeded it became clear that the verdict would be Not Guilty. But the Puritan majority in the House was determined that Strafford should die. Parliament therefore passed a special Bill of Attainder, condemning the minister to death without trial.
The Lords passed the Bill of Attainder, and it remained for the king to give or to withhold his consent. Some may think that it was Charles's duty to risk his life to defend Strafford. But the mob raged round Whitehall, howling for blood. Charles feared for the safety of the queen and his children, and he gave way. ' If my own person only were in danger', he told the Council, with tears in his eyes, 'I would gladly venture it to save Lord Strafford's life.' Three days later the earl was led to his execution in May 1641 in the presence of a crowd of 200000 people who had come to witness the end of 'Black Tom Tyrant'. No man ever died more bravely. 'I thank my God', he said, as he prepared to die, 'I am not afraid of death, but do as cheerfully put off my doublet at this time as ever I did when I went to bed.' The executioner offered to cover his eyes with a handkerchief. 'Thou shalt not bind my eyes.' said Strafford, 'for I will see it done.' And so he placed his head upon the block.
His misfortune, wrote Laud, was that 'he served a mild and gracious prince, who knew not how to be, or be made great'. That summerParliament was busy passing a number of Acts intended to make absolute government impossible for the future. One Act declared that the presentParliament could not be dissolved without its own consent; another - the Triennial Act - that in future Parliaments should be Called every three years. The three Courts by which the king and Laud had carried out their religious and financial measures were abolished - the Star Chamber, the Court of High Commission, and the Council of the North. Finally Ship-Money and other arbitrary forms of taxation were declared illegal. These abolitions of the year 1641 were the permanent, constructive work of the Puritan revolution; nor were the institutions then destroyed restored with the monarchy in 1660. Meanwhile another Bill had come up for discussion. A petition was presented to Parliament praying for the ending of episcopacy (that is, the rule of the Church by bishops) 'in all its roots and branches'.
The thorough-going Puritan members considered the petition, and a 'Root-and-Branch' Bill in 1641 was prepared, but it fell through. For now a new factor came into play. Hitherto a large majority, both of Lords and Commons, had been united in their opposition to the king. But this Bill divided parliamentarians for the first time. There were many who began to fear extremes; and a moderate party now sprang up. It was out of this debate on the Root-and- Branch Bill that the germs of the future Roundhead and Cavalier parties were formed. The extremists - the Roundheads - included Pym, Hampden, and Oliver Cromwell. The chief figures on the other side were LordFalkland and Sir Edward Hyde, afterwards the famous Earl of Clarendon, the future Chancellor and historian. Parliament adjourned for six months, but met again at the end of October. It had no sooner assembled than terrible news arrived from Ireland. Now that the stern hand of Strafford was withdrawn, the crushed Irish had risen against their lords. There was a sudden and horrible rebellion thousands of Protestants were massacred in cold blood. When this news was received in London it only served to increase the Puritanfury. Meanwhile the Commons drew up a Grand Remonstrance in November 1641, in which they recited the past acts of the king and his servants to which they objected - there were 201 items - and stated a programme for the future. Some of its clauses prayed the king to reduce the power of the bishops and to remove 'oppressions in religion'. Another clause asked His Majesty to employ ministers 'such as the Parliament may have cause to confide in' - which in later times solved the problem of disputes between king and Parliament.
All this shows that Parliament had considerably advanced its demands. During the months from November 1640 to September 1641 they, had succeeded in placing constitutional checks on the king's power. From November 1641 to August 1642 they were bent on seizing control of both Church and State, until they forced Charles to reply: ' If I granted your demands, I should be no more than the merephantom of a king.' The Grand Remonstrance was passed by a majority of only eleven - a fact which illustrates the growth of the anti-Puritan party.
The situation, at the end of 1641, was dangerous in the extreme. On the one hand the queen and the swaggering ' Cavaliers' of the Court were urging Charles to strike at King Pym and his fellow leaders before it was too late. On the other hand, London was a stronghold of Puritanism, and it was the London merchants who had felt the weight of Charles's taxation most heavily. The London ' prentices' and the king's swordsmen were itching to get at one another's throats. Never the less Pym proceeded steadily on his way. He was determined to deprive the king of the command of the militia; for it was obvious that if the Irish rebellion was to be crushed a militia must be called out. And once Charles had command of the national armed forces, would he not use them to crush Parliament and destroy English liberty for ever? Pym had no doubt that he would. A Militia Bill was therefore brought in, and - contrary to all English law and custom - it took the command of the military forces out of the king's hands. To this Charles of course refused his consent.
Early in January 1642 he took the queen's advice, and instructed the Attorney- General to impeach Pym, Hampden, and three other leading members of the Commons. The members were alarmed, but Charles promised them 'on the word of a king' that no violence should be done them. The next day - the 4th of January 1642 - he went down to the House with 400 swordsmen. He left his guard at the door, and walked in accompanied only by Prince Rupert, his German nephew. But the five members, warned of his intention, had fled by river. There was a dead silence as the king looked round. He asked the Speaker, Lenthall, where the missing members were. 'I have neither eyes to see', Lenthall replied, 'nor tongue to speak in this place, but as this House shall direct me.' There was another pause as Charles scanned the benches. 'I see', he said at last, 'all the birds are flown. I do expect you will send them to me as soon as they shall return hither.' Then, amid cries of 'Privilege, privilege', he walked out. By this revolutionary act the king had outlawed himself. All hope of reconciliation being now past, he determined to try the issue of war. He left his capital on the 10th of January, sent the queen out of the country, and took up his quarters at York. Parliament claimed the control of the militia and secured the command of the fleet. During the spring and summer of 1642 both sides were busy raising troops. The great strength of the Puritan cause was London. The city contained a tenth of the population of England - 500000 out of five million. The number of troops which London provided was more than sufficient to quell any Royalist opposition in the surrounding country. The London 'train-bands' therefore protected the Puritan leaders during the eight months that the king was gathering his army in the north - January to August 1642. And so the English Civil War started. Research Long Parliament
A spa is a health resort at which natural waters or baths can be taken for therapeutic purposes. The name is derived from the town of Spa in Belgium, one of the oldest watering places. Many forms of natural waters exist, suitable for the treatment of various complaints, but the particular characteristics of the water is not the solefactor which gives a spa its therapeutic efficiency. The spas often provided a period of hygienic living to people who otherwise were deprived of it, and this often proved as beneficial as the waters themselves.
The Toronto Globe is a Canadian daily newspaper. The Toronto Globe was founded in 844 by George Brown at a time when Ontario, then known as Upper Canada, was in a transitory stage of political development. The Toronto Globe had Liberal political leanings and was a factor in the accomplishment of the union of 1867. More recently the Toronto Globe has become known simply as 'The Globe'. Research Toronto Globe
The Cuckoo (Cuculus) is a scansorial or climbing bird, the type of the family Cuculidae, now almost extinct in Britain. The note from which it derives its name is a love-call used only in the mating season. The greater number of species belonging to the genus are confined to hot countries, more especially India and Africa, though some are summer visitants of colder climates. In America no true cuckoos are found, the genus Coccyzus, to which the so-called American Cuckoo belongs, differing very essentially from them in its habits. The species best known in Europe, the Cuculus canorus, is a bird about the size of a small pigeon, though the length of the tail gives it at a little distance a strong resemblance to a hawk.
The adult bird is ashy-grey in colour, with a white breast barred across with narrow lines of grayish black; tail spotted and barred with white; bill black, touched at the gape with yellow; eyes and feet yellow. It appears in England about the middle of April, and in May begins to deposit its eggs in the nests of other species, giving the preference to those of the hedge-sparrow, meadow-pipit, or pied wagtail. The young Cuckoo ejects from the nest its young companions, and monopolizes the attentions of its foster-parents, which feed it for about five weeks after it is fledged. The young birds do not leave the country until the end of August or even September; but the adult birds commence their flight southward in July or at latest early in August. Their food consists largely of caterpillars (especially hairy ones), Cuckoos are one of only three species of birds that eat Cinnabar Moth caterpillars, with cockchafers, moths, dragon-flies, and other insects.
The female Cuckoo lays six or eight eggs, and each is placed in a different nest, by means of the bird's bill, as has been ascertained, being first deposited on the ground. Different strains of Cuckoo utilise different species of bird, each strain concentrating only on one species, and laying an egg which is identical in appearance to the eggs of the host species. Thus, one British strain of Cuckoo targets the nest of Reed Warblers only, and lays an egg identical in appearnce to that laid by the Reed Warbler, and it is possibly this factor which enables the Cuckoo chick to remain being cared for by its adoptive parents, even though the chick may grow many times larger than its parents. Research Cuckoo
Cheryl Tweedy (also known as Cheryl Cole) is an English singer and television presenter. She was born in 1983 at Newcastle Upon Tyne. She became noticed as a member of the pop group 'Girls Aloud' and later on went on to appear as a judge on the television show 'X Factor'. Research Cheryl Tweedy
Albumin is one of the three main components of plasma. The other two proteins are globulins and fibrinogen. All three proteins are manufactured by the liver. These three proteins circulate in plasma and act as carriers for small molecules. Albumin, the most plentiful, is similar in texture to egg whites and gives blood its gummy texture. It is soluble in water and coagulable by heat. The globulins, three in number: alpha, beta, and gamma. They are divided on the basis of electrophoretic mobility. The globulins transport certain proteins. They number half the albumin proteins found in plasma. The globulin proteins are insoluble in water, soluble in saline solutions, and coagulable by heat. Globulins are also found in cerebrospinal fluid. Gamma globulins are the antibodies of the blood, giving immunity to disease. Only 3% of plasma is made up of fibrinogen. It is an important link in the chain of reactions that leads to blood clotting (coagulation). It uses the enzyme thrombin to form a web of fine protein fibres, called fibrin, that bindblood cells together, creating a bridge over which injured tissue can rebuild itself while blood continues to flow underneath. As an important factor to coagulation, it is often referred to as factorI. Research Albumin
Normal red blood cells are of four main groups in relation to their behaviour when mixed with bloodplasma (or serum) of another individual. Similarly the plasma (and serum) of each individual belongs to one of four groups. If cells of one group meet plasma of an 'incompatible' group, the cells stick together in blocks. These clumps obstruct blood vessels and may cause death. The interaction of the incompatible cells and plasma is called 'agglutination'. The provocative substance in the cells is called the agglutlnogen, while the defensive substance in the plasma is the agglutinin. A similar mechanism develops in relation to our immunity to infections by certain bacteria and viruses. In blood transfusion, the amount of plasma administered is small in relation to the large amount of plasma in the recipient's circulation. On the other hand, even a small quantity of cells given to a patient whose plasma will not tolerate that particular type of cell, will lead to clumping of the donor's cells in the recipient's blood vessels. The importance therefore lies in the cells of the donor and the plasma of the recipient.l Plasma and serum for this purpose are identical and the serum obtained when a small quantity of blood is allowed to clot is used for testing against the donor's red cells. In order to determine a patient's blood group, a small quantity of blood is obtained from a finger or ear prick and immediately mixed with citrate to prevent clotting; the cells are then tested against special serum of known groups. To obtain the patient's serum for cross-matching, 5 ml of blood is taken, by vein puncture, and allowed to clot.
The four common groups have been numbered variously. The Moss classification I, II, III, and IV was used extensively until the adoption of the International A, B, O classification, which describes the groups according to the presence or absence of the specific cell factors, which are of two types, A and B. Thus we have four blood groups in the international system. In the first of these, both cell factors are present but no serum factors. The serum factors are called anti-A and anti-B, and obviously the cellfactor A and the serum factor anti-A could not exist in the same person. The second group contains cellfactor A and serum factor anti-B. The third group contains cellfactor B with serum factor anti-A, and the fourth group contains neither cellfactor but both serum factors. The fourth group could therefore be given to any of the other groups and the cells, having no clumping factors, would be tolerated in any recipient. On the other hand, the first group with both cell factors could not be given to any other group. The terms universal donor, Group O (MossIV), and universal recipient, Group AB (MossI), were used to amplify the earlier grouping system. Transfusion with the wrong group of blood is usually fatal so that very great care has to be taken in the determination of the blood group, both of donor and recipient.
Since the 1950s hitherto unexplained incompatability was found to be due to the presence of other factors than the A, B, O, agglutinogens. The most important of these is the rhesus cellfactor. Certain monkeys (Rhesus species) have this factor naturally, but it is present in only 85 per cent of white people in England and America. The other 15 per cent - Rh negative - may become sensitized to Rh positive cells by repeated transfusion of Rh positive blood. A rhesus negative mother whose husband is ph positive may produce an Rh positive baby. A battle occurs between the unborn baby's cells and the mother's plasma. The baby may die before birth (miscarriage) or be born with very severe anaemia and jaundice. If born alive, the baby is treated by complete replacement of its blood to get rid of the mother' s sensitized Rh negative plasma. This is 'exsanguination-transfusion'. During the 1950s blood grouping in preparation for transfusion became a complex and very responsible task. In most hospitals it is undertaken by specialists - perhaps a pathologist or transfusion officer. During the 1980s as HIV paranoia spread, even more testing started to be done. Research Blood Groups
Abbreviations
Research Criminal Law
