JB/016/050/001

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26 March 1826
Penal Code

Ch III Offences - Person & Rep
§ 3 Challenging
Existing system
Inefficiency causes
Death the punishment

6
Under existing system
death the punishment
its inefficiency

offence. What is the motive that has
given birth to the offence. It is in one
case, and that as common a one as any,
the desire of obtaining reputation by the
demonstration of courage, by the demonstration
of his contempt of death. The glory of
having made this display is the benefit,
which has operated in the way shape of a bounty
in the production of the offence. what
then does the law? By adding to the former
a new peril of death, it adds to the original
a further bounty. And for this further
bounty, what is the price which it makes
him pay? Answer. A chance, indeed, of
paying of the being obliged to pay the penalty so denounced; a
chance indeed, but that a very small
one; for whatever be the cause, that if
as in England, the cases in which the offence
proves mortal, in comparison of
those, in which it is not attended with
that effect (very few) those, in which the
denounced penalty has that same effect
much fewer. Though the physical effect
is in this case, the same as in that of assassination,
yet, so different are the circumstances
on which the moral character of it depends, that without
any opposition or discontinuance on the part of the judge, the jury by their verdict
substitute a suffering comparatively inconsiderable to that which, in this case, as such as in that of assassination appears to
have been as intended by the law.

Identifier: | JB/016/050/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1826-03-26	Marginal Summary Numbering	4
Box	016	Main Headings	penal code
Folio number	050	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john neal	Watermarks
Marginals	george bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	5857
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