JB/016/230/001

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1828. Jany. 30
Law Amendment or Penal Code or Duelling extingishable.

6. It diminishes the restrictive force by of the punishment
by taking from the apparent value of the pain in the shape way
of certainty more than it adds in the shape of magnitude.

This it To this effect it contributes in a variety of ways
in every state of the prosecution.

1. It deters and persons from acting as informers.

7 or 2. It deters persons from acting as criminating non litigant witnesses.

8 or 3. It deters persons from acting as partners: termed
in this and other criminal cases prosecutors.

9 or 4. It deters Jurors from giving verdicts of non guilty
in cases where the evidence have not the least particle
of doubt: causing them to give self-contradictory verdict.
Example. According to the evidence a purse stolen with
sovereigns in it to the number of ten or twenty. Verdict
Guilty of Stealing, value under two sovereigns.

10 or 5. It furnishes to Judges the means and the pretence of
instilling into the public mind of community through the medium of Jurors
in the form of perjury the disposition to mendacity and insincerity which is so
beneficial to the sinister interest of lawyers: at the same
time gaining popularity by the pretension profession prelude to humanity: a
profession which had it anything of sincerity in it
would long ago have produced by this all powerful
influence in the legislature substituted the abolition of the punishment, at
least in the cases in question, to the remission of it in individual
cases by a virtual power of pardon thus illegally and immorally exercised by Judges.

In respect of the number of the persons to whom it is applicable
it can not be carried beyond a certain extent: if the number
of offenders be to a certain degree large, a part 0 more or less considerable
of that number must so far as regards this punishment
remain unpunished: and the repressive influence of it, in respect
of certainty be proportionably diminished: and it not being susceptible
of degrees, no compensation can be afforded given in the article of
magnitude, for the defamatory cases produced in the article of certainty

Identifier: | JB/016/230/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1828-01-30	Marginal Summary Numbering	2-3
Box	016	Main Headings	law amendment; penal code
Folio number	230	Info in main headings field	law amendment or penal code or duelling extinguishable
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	6037
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