JB/034/164/001

Click Here To Edit

1823. Sept. 10

Constitutional Code Ch Quasi Jury
Explicaty Observation
Adopted features

Continued from the four first paragraphs of the comme
the former plan

In the case of the here proposed Quasi Jury the power
influence ifnow possessed by the Jury is lessened in one direction,
augmented in another

5 or 1
Danger here
1. Adopt apt Jury
features
2. Discard unapt do
3. Add apt new

In the case framing of the proposed Quasi Jury, the object here been
to retainadopt all the apt features of the Jury institution, and discarding used to discard
the unapt ones, and to add such apt new features as seemed could be found
to both formsapt with reference to the present purpose conducers to the ends of justice in both cases, is at
any rate in the present case

6 or 2
Apt: viz as to Quasi
Jury: for one will
be shewn which tho'
ally<add>essentially</add> apt in Jure, would a
Quasi Jury be mischievous
[Add? This is one
power of a virtual negation
on laws with a
constitutional aspect.]
See below.]

By apt understand with reference to the here proposed institution:
for one feature will be brought to view to which the beneficial
effects of the Jury system will it is believed be seen to be in great measure
referable, but fromby which but if adopted into the here
proposed institution, no effects but evil ones could be produced.

7 or 3
difference. To
Jury belongs, in a certain
way decisive
power as to the ultimate
result of the suit:
ex.gr. acquitted in
a penal suit.
To a Quasi Jury, not

Between the Jury system and the proposed Quasi Jury system
the principal difference lies in this; Under the Jury system By a Jury
powers are possessed and exercised such as to a great extent are decisive
of the ultimate fate of the suit: power of acquittal for example in
all criminal cases. For a Quasi-Jury no such decisive power
is allotted

8 or 4
Only in one case
have Quasi Jury decisive
power: and thus
it is not ultimately decisive.
This is power of warranting
Appeal, in case
in which English law
does not: viz. in cases
in which it were given
absolutely to defendant
it would intabit

With the exception of an application which is not of the offence
of the system, a Quasi Jury has no decisive power that can be called legal
in contradistinction to moral: and in that case it is not ultimately
decisive. Of This power consists the exercise consists in allowing
giving or withholding allowance to Appeal from the Immediate to the Appellate
Judicatory, in cases where if the without this restriction the right
of appeal were left to the defendant, a hand of<add>a very load of certain</add>vexation and expence
would be composed in prosecutors witnesses and Jurymen in cases
where the instances of its being subservient to rectitude of decision
would be rare in the extreme. These cases are criminal ones:
in none of which Appeal is allowed on application by a Jury
or otherwise is allowed by English law.

[+] and to prosecutors, witnesses and Quasi Jurors: same for delay and chance of escape all convicts whose guilt was beyond doubt would appeal

Identifier: | JB/034/164/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-10	Marginal Summary Numbering	5 or 1 - 8 or 4
Box	034	Main Headings	constitutional code
Folio number	164	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	b1 / c1 / d1
Penner	jeremy bentham	Watermarks	c wilmott 1819
Marginals	jeremy bentham	Paper Producer	andreas louriottis
Corrections		Paper Produced in Year	1819
Notes public		ID Number	10438
Box Contents