JB/035/217/001

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1 June 1808

Ch. Disadvantages
§. 6. 5. Fifth disadvantage. Subjection on the
part of the Jury to the will of the Judge

The inconvenience According to the country taken considered as
for the scene of action, this inconvenience may be will be
considered as seen to be inseparable from Jury trial or separable
inseparable in England where it took its use
separable or rather separated of course, in Scotland:
inseparable under the dominion of unwritten law, separable,
or rather detached never attached to it from of course under the
dominion of written law, by which alone, if at all, it
can be introduced into Scotland.

The great or rather the only sole utility derivable
from Jury trial, is, as hath been shown above† † The sole utility of juries consists in the check they impose on the power of judges,
the acting as a check upon the power of the Judge.
Whatever therefore has the effect of diminishing contributes to diminish
its efficacy efficiency in this character may well be placed
to the account of inconvenience.

Whatever contributes to render the proceedings
unintelligible incomprehensible to the Jury in whose name the
decision is pronounced, and by whom it is supposed
to be framed and of whose will, guided by the understanding
belonging to that will, it is represented supposed to be
the expression, contributes to diminish and when
carried to a certain pitch may destroy altogether is capable of destroying,
the power and efficiency of that check.

Identifier: | JB/035/217/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-01	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	217	Info in main headings field
Image	001	Titles	ch. / disadvantages
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	10810
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