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25 May 1808
☞ After §. Secrecy.
§. 4 or 5. External intercourse between hearing and before verdict interdicted.
§. 4 or 5. The members bound to decide before the body is
dissolved, before they separate, precluded from intercourse
with other persons after this till the decision is pronounced.
Supposing the Jury separated, returned to their respective
homes, or in any other way suffered to mix rejoin
the social circle with the public at large, they would thus be exposed
to sollicitation. But now after the hearing, and even
after the any such discussion as may have taken
place among themselves – whereby the opinion of each
of them or of any part of the number have been made
known, sollicitation has would have much surer and stronger
ground to act upon than before: whether in threats
or promises – in good promised eventually to be done, or evil promised
eventually to be forborne, the tempter would now
see much more clearly where to make offer of the price –
the price of injustice – and how to apportion it as well as what magnitude to give to it.
In causes in by which the affections passions of the people
at large were are agitated and divided, the real danger would is
not be inconsiderable.
But in all causes, in the eyes the apparent danger would
be cause in the eyes of a disappointed and angry litigant – in
the eyes even of the people at large – the apparent danger would
be considerable: considerable enough, it seems probable enough,
to establish a general habit of suspicion seriously prejudicial
to the opinion entertained of the purity of the judicatory,
and of thence to the that general sense of security or insecurity, on
which in so great a degree depends rests on which the opinion entertained by the people of concerning the
good or bad state of
the judicial establishment
of which this
judicatory forms so
important essential a part, so great an influence.
Identifier: | JB/035/146/001 "JB/" can not be assigned to a declared number type with value 35.
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1808-05-26 |
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035 |
constitutional code; evidence; procedure code |
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146 |
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001 |
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text sheet |
1 |
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recto |
e1 |
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jeremy bentham |
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10739 |
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