|
The Crimes Act of 1825 (also known as the Federal Criminal Code of 1825),〔Crimes Act of 1825, ch. 65, 4 Stat. 115.〕 formally titled ''An Act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes'', was the first piece of omnibus federal criminal legislation since the Crimes Act of 1790. In general, the 1825 act provided more punishment than the 1790 act. The maximum authorized sentence of imprisonment was increased from 7 to 10 years; the maximum fine from $5,000 to $10,000.〔 But, the punishments of stripes and pillory were not provided for.〔 Drafted by Justice Joseph Story, and sponsored by Representative Daniel Webster of Massachusetts, the statute defined a series of new federal crimes applicable in areas under exclusive federal jurisdiction—the District of Columbia, federal territories, and federal enclaves—as well as felonies on the high seas and under federal admiralty and maritime jurisdiction. ==Background== The Crimes Act of 1825 was "drawn along the same lines" as the Crimes Act of 1790, but "more comprehensive.”〔Boudin, 1943, at 265.〕 Justice Joseph Story was an advocate for expanded federal jurisdiction, and in particular argued that the Judiciary Act of 1789 authorized the federal courts to define and punish common law offenses.〔''See, e.g.'' United States v. Coolidge, 25 F. Cas. 619, 621 (C.C.D. Mass. 1813) (No. 14,857) (opinion of Story, J.).〕 Although the common law crimes approach was rejected by the Supreme Court,〔United States v. Coolidge, 14 U.S. (1 Wheat.) 415 (1816); United States v. Hudson, 11 U.S. (7 Cranch) 32 (1812).〕 "()hat Story was not able to do as a Justice he remedied through his friendship with Webster, then Chairman of the House Judiciary Committee."〔McClellan, 1971, at 676.〕 Other statutes drafted by Story include the Bankruptcy Act of 1841 and the Admiralty Jurisdiction Act of 1845.〔William Schofield, ''Uniformity of Law in the Several States as an American Ideal'', 21 510 (1908).〕 Story began drafting a crimes act in 1816.〔, 1985, at 29.〕 Story drafted the act with the assistance of Representative Daniel Webster of Massachusetts, a frequent Supreme Court advocate.〔Barry C. Toone & Bradley J. Wiskirchen, ''Great Expectations: The Illusions of Federalsim after'' United States v. Lopez, 22 241, 246 n.45 (1996).〕〔 An contemporary manuscript by Story remarks that "few, very few, of the practical crimes . . . are now punishable by statutes, and if the court have no general common law jurisdiction . . . they are wholly dispunishable."〔 Story continued: :The only question is, whether this is to be done by passing laws in detail respective every crime in every possible shape, or shall give the Courts general jurisdiction to punish wherever the authority of the United States is violated, and leave the Courts to settle this by legal constructions, upon common law principles.〔 Story preferred the common law crime approach: :Crimes are so various in their nature and character, and so infinitely diversified in their circumstances, that it is almost impossible to enumerate and define them with requisite certainty. An ingenious rogue will almost always escape from the text of the statute book.〔 Congress was not persuaded to follow the common law approach and postponed consideration of the statute indefinitely.〔 Further attempts to create a new crimes act followed in 1818 and 1823.〔, 1985, at 34.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Crimes Act of 1825」の詳細全文を読む スポンサード リンク
|