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be given? If the Judge has been for it, if the cause
happens to attract his attention, if it be early in
the day before he is broken with fatigue — if
he is that sort of character, by no means equally
abundant with incorruption in English judicature
in whom zeal for justice preponderates
over prs personal prudence. Observe that responsibility between these two stools responsibility
falls to the ground. The Judge is not responsible
for the verdict, for it is not his verdict. the Jury
are not responsible for it, for it is of their opinion
to be altogether irresponsible. When the Judge
has summed up the evidence, that is led say read to the Jury what has been said to them already which yet is no
he has done every thing that he is obliged to do,
and even more. He may make observations
and give admonitions if he pleases: but to give
none is the safe side, part absolutely secure
against all reproach merited as well as
unmerited, and the only one that is so. — No
to make the most and the best of the institution
the verdict should be the Judge's: he should
be responsible for it: he should give it assuredly
with his reasons: and after the hearing of these
reasons should come the power of the Jury to the Jury should be at liberty to reverse
or to correct it. Judges would not like this:— I
Identifier: | JB/035/064/002 "JB/" can not be assigned to a declared number type with value 35.
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035 |
constitutional code; evidence; procedure code |
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064 |
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002 |
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text sheet |
4 |
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recto |
f5 / f6 / f7 / f8 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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10657 |
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