Online Encyclopedia

REPRIEVE (reprise, from Fr. reprendre)

Online Encyclopedia
Originally appearing in Volume V23, Page 116 of the 1911 Encyclopedia Britannica.
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REPRIEVE (reprise, from Fr. reprendre)  , in
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English law, a
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term which originally meant remand to prison: later and more usually, the suspension for a time of the execution of a sentence passed on conviction of crime . The term is now seldom or never used except with reference to sentences of
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death . Inthe case of capital felonies other than
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murder the recording of sentence of death has the effect of a reprieve by the court . The court which can award a sentence is said to possess as of
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common right a discretionary power of granting a reprieve . Courts of justice, however, do not grant reprieves by way of
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dispensation from the penalties of the law, which is not for the judicial department, but for temporary purposes, e.g. of
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appeal or inquiry as to the state of mind or
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health of the convict, or to enable him to apply for a pardon . Under the old
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system of transportation it was a common practice to reprieve convicted felons as a step to induce them to consent to transportation to the
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American colonies (see the Old Bailey Regulations of 166a, J . Kelyng, ed . 1873, p . 1) . In cases of conviction of wilful murder the reprieve, if any, is granted by the home secretary on behalf of the
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crown, and on convictions of murder the court seems now to have no power to reprieve except in the case of a pregnant woman . See Hawkins, P.C. bk . 2, c .

51;

Blackstone, Commentaries .

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