The Fundamental Principles of Criminal Justice, 22 Yale Law Journal 30 (1912)
I venture to formulate as the fundamental principles of criminal justice the following list:
1. The person accused should have fair notice of the charge against him, and a fair opportunity to make answer, with the aid of witnesses and counsel.
2. The tribunal which hears his case should be so constituted as to be reasonably independent of executive or legislative dictation as to the judgment to be pronounced.
3. The sentence, in case of conviction, should be imposed by that tribunal.
4. It should be promptly and publicly made known to the convict.
5. In framing it regard should be had (a) to the nature and gravity of the offense; (b) to the intent of the offender, and the fault to be imputed to him; (c) to the natural effect of the punishment awarded, in preventing the commission of similar offenses, whether by himself or others, and in satisfying the public conscience; and (d) when not capital, to its possible utility in improving his moral character.
Date of Authorship for this Version
Baldwin, Simeon E., "The Fundamental Principles of Criminal Justice" (1912). Faculty Scholarship Series. Paper 4262.