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Moorehead leaves the contemporary reader aghast at the obtuseness of the British, who followed Cook's discovery with the decision to make a penal settlement of New Holland. Reason has its crimes: since the American dumping ground for Puritan and Catholic dissidents had been lost by the Revolution, it was quite sensible in London to decide that the new continent should be used for a gaol. In 1788, the year of the ratification of the U.S. Constitution, civilization in the form of white slavery arrived at Cook's Botany Bay. So came about a bush Belsen, with...

Author: /time Magazine | Title: Books: When the Capsule Broke | 4/8/1966 | See Source »

Necessary changes in the law have been too long held up by "the outrage of a frightened Queen," wrote Kaufman, and he turned to the American Law Institute for aid in ending the delay. Criminal responsibility, as defined in the A.L.I.'s Model Penal Code, he said, is adopted "as the standard in the courts of this circuit." The A.L.I, test, which may some day be known as Freeman, provides that: "A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either...

Author: /time Magazine | Title: Criminal Justice: Doing in M'Naghten | 3/11/1966 | See Source »

...sweeping are South Africa's penal codes that almost everything is against the law. Under the Prisons Act, for example, it is a criminal offense to "misrepresent" conditions in South African jails-which the Verwoerd government, of course, adjudges to be always immaculate. Last week, a court in Durban agreed. After a four-month trial, Magistrate M. E. Goodhead found Harold Strachan, 40, a bearded art teacher who has served three years as a political prisoner, guilty of building an "edifice of lies" about prison brutality. To improve its case against Strachan, the government called 56 witnesses, confiscated defense...

Author: /time Magazine | Title: South Africa: Immaculate Confinement | 2/4/1966 | See Source »

...will personally try them in his higher court- and motorists found guilty even of first-offense speeding will go straight to the state penal farm or the state women's prison...

Author: /time Magazine | Title: Judges: A Slight Case of Contempt | 7/30/1965 | See Source »

...striptease before the keyhole of his connecting room and a final confrontation at a distant rendezvous, where she awaits him gingerly clutching a bed sheet. This week a Roman magistrate will hale Gina, along with Producer Giovanni Lucari, into court to answer charges of violating Article 528 of the penal code, banning immoral exhibitions...

Author: /time Magazine | Title: Italy: Seduced & Amended | 6/11/1965 | See Source »

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