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JB/026/069/001

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17 May 1809 1
Elements of packing. Ch. 2. Juries a Check

1
Use of Juries serving
as a check to Judge.
In name, the power
is theirs the Judge
a check to it: in reality
it is vice versa

To Judge belongs —
1. Granting new treat.
2. Ultimate decision —
viz — judgment.

Their power includes
not only fact but law:
in special verdicts
the power as to law
is transferred by them
as to Judge. p.1.

2.
Checking power ought
to be independent of
the power checked.
p.2.

3.
In appearance so
it is: Judge forces Jury
to give a verdict, but
as between the two
opposite Verdicts in
each case, the choice
is made by them.
p.2

4.
When in pursuit of
a sinister interest
Judge's object is to
obtain an unjust
Verdict, his endeavour
is to obtain a Jury
whose Verdict shall
be according to his
wishes: to give to a
decision proceeding
last from his own
will, the appearance
of proceeding from
theirs alone. p.2.

3a
Nullification a means
of injustice to the
prejudice of the main
end of justice, as well
as of sinister lawyer's
profit to the prejudice
of the collateral do
See Scotch Reform
devices. p.2*
Add first of Judgment
Confor Sight laws


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5.
§§.2.
Proceeding thus from
sinister interest Judges
influence may apply
itself to understanding
as to will. p.3


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6.
Juryman's understanding
may receive influence
from other
quarters: but quâlesius
from the Judge, it
can only be from his
understanding: here
then we have influence
of understanding
on or over understanding
.
p.3.

7.
So his will, from
other wills: — influence
of will on or over will
.
p.3.

8.
Probity in a Juryman
suffers no influence
to be exercised over
his will by any other
will: only by understanding:
viz — his
own, or some other
on which it relies
as stronger. p.3

9.
By a Juryman no
other will can be
listened to but at
the expence of probity.
p.4.


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10
§§3 Temptation to which
the probity of Jurors
stands materially
exposed — intimidation
and entrapment in corruption. p.4.

11
Constitutional provision
against these opposite
dangers —
1. against intimidation
exemption from Judges
arbitrary power —
2. secrecy of their proceedings
— securing
them from his and
other enmities. p.4

12
2. — against corruption
mutation, no Juror
remaining such any
length of time.

Judge Others natural
tempter was thus deprived
of the means of procedurally
moulding
them into obsequiousness:
casual corruptions,
of the faculty of
knowing where to
find them
p.4


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10 May Added to 5(a)
Power of adjudging that Action
or drawn, not the for the cause
in question.


---page break---

§§.1. Judges the most
power, Jury's a check
to J. 1.2.3.4 3(a)

§§ 2. The check maintained
by inf Judge.

§§.2. By How, by the Judge's influence
the check is maintained may be drawn
away. 5.6.7.8.9.

3. Jurors how protected
against the Judge influence
9 10.11.12



Identifier: | JB/026/069/001
"JB/" can not be assigned to a declared number type with value 26.

Date_1

1809-05-17

Marginal Summary Numbering

1-4, 3a, 5-12

Box

026

Main Headings

elements of the art of packing

Folio number

069

Info in main headings field

elements of packing ch. 2 juries a check

Image

001

Titles

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d1 / f1

Penner

john herbert koe

Watermarks

Marginals

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

Notes public

ID Number

8802

Box Contents

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