JB/034/170/001

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1823 Sept. 14
Constitutional Code

18.6. In this power will moreover be included that of producing
the effect of Appeal in its as to certain class of cases in which if
would be allowed to a party without this restriction its
would be of disservice to justice in respect of the collateral
ends would be greater than its service in respect of the
main end. This class is that of crimes of indigent depredation:
hereinafter are 1. Thefts 2. Highway Robbery. Housebreaking by day
or night, for the purpose of depredation. Homicide for the purpose
or on occasion occasion of depredation: cases in none of which
is Appeal allowed from a conviction pronounced by a Jury.
How indubitable soever the guiltiness of the defendant, and how
assured soever the information of the act of the Immediate by
Appellate Judicatory, Defendants, if were the absolute power
left to them would appeal of course for the sake of the certainty of
respite, and added to the chance of acquittal: to the intolerable vexation
of prosecutors, witnesses and Quasi Jurors. For the exercise
of this power whether the act of a single Quasi Juror
should be sufficient, or that of two or of all three be requisite
some should be regarded or left open to
change. It seems hard That when by one such person out
of three a defendant is regarded as innocent, he should suffer
notwithstanding is a state of things the contemplation of which
can not but be painful to a lover of justice. On the other hand
if it were in the power of some a single individual Juror any one Quasi
Juryman out of three to produce the effect of Appeal, the respite
with the chance of escape annext might be procured by bribery corruption
in the shape of bribery or any other: render necessitate the concurrence of his
necessary you were never doubt the improbability of a successful
attempt of this sort: render necessitate that of all three necessary you
more than treble it. But, for so short an advantage, if
guiltiness be indubitable and ultimate punishment assured
the probability of the requisite concert between agreement in so short an
interval, between purchaser and seller or sellers, seems not very
considerable.

Identifier: | JB/034/170/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-14	Marginal Summary Numbering
Box	034	Main Headings	constitutional code
Folio number	170	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10444
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