JB/034/044/001

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1823 Aug. 29
Constitutional Code

1.
Quasi Jury System –
reason of this new name:
Agreemt. of this with the
Jury System as to the employing
in Judicature,
unpractised hands: disagreement
with do. as so
the powers.
Necessary the words Jury
to prevent a general conception:
do. the limitation
adjunct, to obviate deception
and the imputation
of it.

2.
Sole guide here the ends
of justice: Usage regarded
only as a source of evidence:
showing the good
effects of the good features
of the Jury System, the
bad effects of the bad
ones.

3.
For the separation, reagents
employed as in
chemistry, the above ends;
to the good features added
here others suggested
by those same ends.

4.
1. Of the power of a Jury,
the effective force lessened: no decisive legal power allowed,
order little more than censorial
or moral.
Under the responsibility to which they are here subjected, the decisive legal power left under the Judges.
2. Extent over legislation
field, encreased: made
co-extensive with do. of
judicial power.

5.
1. General reason for lessening
the force, shown
in Ch. 5. Constitutional,
thence the other branches
of law being so bad – serving
ruler's interest at the expence
of people's – Judges
so uniformly corrupt, devoted
to that same sinister
design. Juries have been
useful, chiefly as they frustrated it.

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5. contind.
Judges responsible to
none but those whose
instruments and accomplices
they were & are.

6.
Suppose Law and Judges
good, the power given to
Juries can not but be
bad: for in knowledge,
judgment, or active talent,
they can not be
equal to Judges.

7.
In this Constitution,
there is nothing to make
either Legislators or Judges
bad: every thing to make
them good: so many and
so strong are the other checks
to Judges, the check applied
by the obligatory
power, Quasi Jury may
by some be thought superfluous.

8.
Jury Trial applies, to
Judge's power, checks
other than those applied
by their obligatory power:
– indirect checks:
these are: 1. publicity. 2. Judge's
obligation to give explanation and
reasons of what he does, & they are,
and given to a Quasi
Jury: they depend not on
the features of aptitude
in Jurors.

Identifier: | JB/034/044/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-08-29	Marginal Summary Numbering	1-8
Box	034	Main Headings	constitutional code
Folio number	044	Info in main headings field	constitutional code
Image	001	Titles	preliminary explanations
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham; john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10318
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