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6 Obs

This argument if it were a sufficient one in favour
of Juries would go to prove too much: at least more
than was ever yet contended for: it would prove that
in criminal causes the choice and measure of punishment
ought to be in their hands, instead of those of the Judge, as well as the
measure of pecuniary satisfaction in civil ones, and
the decision of the question of fact in both. Indeed
as far as the guarding against partiality is the object
if this were all, it there seems to be much more to
be said in favour of vesting in their hands what
latitude of observation it is thought proper to allow relative to
the fixing of the punishment, than the decision on
the question of fact. It is in the exercise of the
former function that affords the safest securest and easiest most probable that offers the safest smoothest and easiest safest task ground to partiality that partiality is most to be apprehended likely to display
itself at least in as far as it is most probable: to
pronounce that a man is guilty or not guilty
when all the proof there is in the cause affords a
full proof to the contrary may be too violent a strain
for the strongest partiality: but to get too much
or too little punishment allotted where it is evident
there ought to be some, is the easiest task
that partiality can have to atchieve. Give a Jury
the power of fixing the quantum of punishment and
they rescue screen protect a delinquent from against the tyranny of an oppressive legislator and a merciless
Judge without violence or difficulty: give them nothing but
the mere decision on the question of fact, they can not
screen protect him without rescuing him, nor rescue him without
being guilty of a flagrant breach of duty, and setting an alarming example of falshood and injustice.

Identifier: | JB/035/050/004
"JB/" can not be assigned to a declared number type with value 35.


Marginal Summary Numbering

26, 26*



Main Headings

constitutional code; evidence; procedure code

Folio number


Info in main headings field





text sheet

Number of Pages




Page Numbering

f3 / f4 / f5 / f6


jeremy bentham


[[watermarks::l munn [britannia with shield emblem]]]


jeremy bentham

Paper Producer

benjamin constant


Paper Produced in Year

Notes public

ID Number


Box Contents

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