JB/034/187/001

Click Here To Edit

1823.Octr. 19

Constitutional Code. 1. Enactive Part
Ch. Quasi Jury
S. Field of service

[investigational procedure] In so far as by means of evidence
whether appropriate or sim merely indicative it seeks to
obtain appropriate evidence Judicial procedure is in every case is investigatorial
procedure.

Investigational procedure is sometime goes commonly
by the name of inquisitorial procedure: or rather in that
species of procedure who to which the name of inquisitorial
is attached by those by whom it is performed investigational
examination is naturally in a large proportion included.
It is in penal cases thatIn the species of procedure thus denominated is mostly if
not exclusively practiced. In these cases the first evidence
commonly sought is that of the person suspected of the offence
in question, and who thereupon is instituted defendant. In
this there is nothing adverse to justice: on the contrary it is the omission
of it that would wherever it has place is adverse to
justice. True it is that if he is guilty committed<add>performed</add>the punishable act of that of which he has
is suspected or entertains a form of being thought to have performed
it, to herehave questions put to him the tendency
of which is to caus produce on the part of the Judge a belief that
he did perform it can not but be otherwise than unpleasant
to him: but a thing still more unpleasant to him would
be the being punished for it: the unpleasantness therefore in this
case if a reason against all such examination would be a still
stronger reason against all punishment. To ever extraneous ness
it is frequently in certain cases beyond all comparison more unpleasant
to be examined in relation to the alledged criminality of
a person accused or suspected than to the accused himself it can be to be so
examined in certain other cases. In relation to an act which he
is suspected of having performed, the person suspected, if so it be
that he really performed it knows at least as much about ita commonly
much more than, any other person: he accordingly is
the person who in so far as for the purpose of rectitude of decision the disa
of appropriate truth in the object, will if he be forthcoming or acceptable the first person examined.

Identifier: | JB/034/187/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-10-19	Marginal Summary Numbering
Box	034	Main Headings	constitutional code
Folio number	187	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / e9
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	10461
Box Contents