norml23 - Page 83

Page 83 Previous , Next , Original Image
Return to Index

 is prescribed and which is format_y proscribed as a
 crime by an agency of the government having the
 power to do so.
 The Limits of the Criminal Sanction, p. 19 (1968).
 And Professor Halh
 The harm forbidden in a penaa law must be
 imputed to any normal adult who voluntarily commits
 it with cdminat intent, and such a person must be
 subjected to the lega}ty prescribed punishment.
 General Principles of CdminaB Law, p. 18 (2d Edo 1960)o
 And also Professors La Fave and Scott:
 (A) crime is made up of two parts, forbidden
 conduct and a prescribed penaJty. The former
 without the Jatter is no crime° Criminal Law,
 supra, p. 8.
 And also Professor Perkins:
 Basic to our theory of justice is the
 principle that there can be no punishment for
 harmfut conduct unless it was so provided by some
 _aw in existence at the time. This had found
 expression in the doctrine: NuHa poena sine
 leqe--no punishment without a law for it. , o And
 under our law, he who has caused social harm is not
 punishable unless a punishment was provided
 therefore either by the common taw or by some
 statute in force at the time .... Crime is any
 social harm defined and made punishable by lawo
 Perkins on Criminal Law, pgs. 8-9 (2d Ed. I969)o
 It will be remembered that the Supreme Court took special care in
 United States v. Gdmaud, supra, to note that the delegation of the

Previous , Next , Return to Index