★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1823. Sept. 14
Constitutional Code
19.7. In this power may will also be included that of causing
Appeal in criminal cases from acquittal: as
20.8. Likewise that of reference to the superordinate Judicatory
from the actual sentence for the purpose of
causing to be substituted to it a severer sentence, as in
French practice, appeal for alledged deficiency in the punishment
as well as for alledged excess. To neither of those purposes
is Appeal allowed in English practice in any case in which
a Jury is employed has place.
21.8. Power to the each Quasi Jury to call in the assistance of
the Pursuer General or the Defender General or both, for the
apt wording of their consideration his proposed amendment
or other comments as above. But for this, a comment apt in
substance purport might by reason means of some imperfection in the tenor
of it, be overborne with scorn and ridicule by the a Judge
or other person in authority to whom it were unacceptable.
Note that in none of these ways, without the concurrence
of the defendants judicature could any evil be
produced by the Quasi Judicatory, or any for in the shape of misdecision be produced by a
Quasi Judicatory or any member of it without the concurrence
of the Superordinate Judicatory.
22. given to the authority of a Quasi Jury
over in all suits causes
23. The authority of the Quasi Jury rendered
23. In respect of extent over the field of legislation and
judicature the authority of the Quasi Jury rendered co-extensive
with that of the Judicatories in which they serve.
24. So, in each individual suit in respect of extent over the field of each
occupied by it, considered with reference to within respect to the several shapes
through which it may have to pass.
If so it be that in any one part of his career, the power
of the Judge stands in need of this bridle, so does it in every other.
English practice contains a vast field, into no part of
which admittance is given to the Juries.
Identifier: | JB/034/171/001 "JB/" can not be assigned to a declared number type with value 34.
|
|||
---|---|---|---|
1823-09-14 |
|||
034 |
constitutional code |
||
171 |
constitutional code |
||
001 |
|||
text sheet |
1 |
||
recto |
c3 |
||
jeremy bentham |
|||
10445 |
|||