JB/034/041/001

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1823. Sept.11. Constitutional Code Ch. Quasi Jury

Jurors.

In intellectual and
active aptitude this
uniformly stands unquestionable.

As to moral, now
of the checks (25) which
apply to Judge apply
to thence.

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5. or. 1.

Design here.
1. Adopt apt jury features.
2. Discard unapt do.
3. Add apt ones.

6. or. 2.

Apt: viz. as to Quasi Jury:
for one will be shown,
which, though essentially
apt in jury, would in
Quasi Jury be mischievous.

[Add? This is a virtual
negative on laws with
a Constitutional aspect.
See below]

7. or. 3.

Prime difference to jury
belongs, in a certain way,
decisive power as to the
ultimate result of the
suit: ex. gr. acquittal in
a penal suit.
To a Quasi Jury, not.

8. or. 4.

Only in one case has
Quasi Jury decisive power:
and then it is not ultimately
decisive.

This is power of warranting
Appeal, in cases in
which English law does
not: viz. in cases in
which it were given absolutely
to dependant, it
would intolerabilize vexation
and expence to prosecutors,
witnesses, and
Quasi Jurors: since, for
delay and chance of escape,
all convicts whose
guilt was beyond doubt
would appeal notwithstanding.

9. or. 5.

Reason for withholding
from Quasi Jury, the decisive
power of a jury.
Hence judge's moral inaptitude
is checked more
effectually than it is in
juries, or would be in
Quasi juries: and
in

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9. or. 5. contind.

in intellectual and active
aptitude, never
could the miscellaneous
and inexperienced
many compete with
the select and experienced
few.

10. or. 6.

As to the virtual negative
possessed by the juries,
here, the laws being the
work of the delegates of
the whole people, any
negative in the hands
of a miscellaneous few
would be worse than
useless.

11. or. 7.

This decisive power being
withholden, none
but the auditive, interrogative
and communicative
left, the character
is little more than
that of an appointed
committee of the Public
Opinion Tribunal, constantly
present.

12.

Jury's decision and virtual
negative excepted, it's
apt features are accidentally,
not necessarily connected
with it these are:
1. End, bridling judge's
power.
2. Publicity.
3. Lash for judge, explaining
case, and showing reasons
for his advice &c.
4. Evidence in the best
shape.

12 (a.)

Features of this best shape
1. Question viva voce parties,
judiciary, auditory,
present
2. Put by persons interested
in bringing out the whole
truth: without supposition
or disguise: viz. one
side one half; the other the
other.
3. Answers extempore,
without time for supposition
or misrepresentation.

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12 (a.) Contind.

4. Questions rising out
of, and alternating with
answers.
5. The whole minuted on
the spot by any that will,
as well as by judge.
6. Judge the same, by whom
the decision grounded on it
will be framed.
7. Wanting here, faculty of
amendment at leisure allowed
to relating witnesses
as in Party. Committees:
not dangerous to truth, the
original minute remaining
as a standard.

13.

Of these features, none
but might have place in
a judicatory without a
jury: viz.
1. Publicity it has place in
English Equity Procedure
in some stages.
2. So in do. judges explanative
and reason-giving
lash

3. So, evidence in best
shape, in preparatory criminal
examinations, justice
of peace judication.
But for compleat, correct and clean
performance of that lash,
in no case are the motives
to cogent as in that
of a jury.

Identifier: | JB/034/041/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-11	Marginal Summary Numbering	5 or 1 - 11 or 7, 12, 12a, 13
Box	034	Main Headings	constitutional code
Folio number	041	Info in main headings field	constitutional code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham; john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10315
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