JB/035/199/001

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30 May 1808

§. 3. 2. Second disadvantage inseparable from Jury
trial – Want of experience: viz. in judicature the exercise
of the functions of judicature.

The most perfect Howsoever produced, whether
by the absence of all sinister interest, or by that sort
of fortitude by which a man the mind is enabled to oppose effectual
resistance to the force of sinister interest, the purest and most perfect
state of the will volitional faculty will not on this occasion be capable of compensating alone
for any deficiencies in the intellectual in the intellectual on the part of the
understanding.

1. But in the first place, the same remedy resource new trial, which
serves as a remedy against occasional improbity, the result of irresponsibility,
serves also against unconscious error
the result of the intellectual weakness, of by whatsoever cause produced,
original constitution or event of experience.

2. In the next place, the asser instruction from the
Judge – the powers an aid which in the preceding case has no
application to the case, will naturally in this case, prove in most
instances – and in the way of prevention – an effectual remedy.

In the most ordinary case state of things, weakness in
the intellectual faculty, especially where the result
of inexperience, will be accompanied by a proportionable degree
of timidity and self-distress, of which the natural result
will be in habitual disposition, to look for assistance and direction to that source in which
a sort of strength of the reverse of the sort of weakness here
in question may so naturally and confidently be expected.

Identifier: | JB/035/199/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-30	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	199	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10792
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