JB/035/313/001

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Feby 1809

Jury

(6)

If it be essential the production of perjury by torture
be necessary to English, at any rate it is not to British
liberties. In Scotland Scotch judication Jury trial, though not at present
applied to civil cases has all along been, and continues
to be applied, and to an extent forming by far the largest portion of that of the field of criminal law to the most important criminal cases.
12 All pretended form of mischief from the of it is proved to be groundless and insincere by its non-existence in Scotch law. In a Scotch Jury, the Jurors are allowed to be unanimous maintain unanimity
as often as they please, but are never forced to be so
it. Accordingly when in the report of a Scotch trial the Jurors
are stated as declaring all in one voice, the all in
one voice means something — it means what it professes
to mean: it is known when they are unanimous, and
it is equally known when they are not so: whereas in English
judicature when the unanimity is always nominal not and only sometimes real
all that is made known concerning it by the verdict, is
that if there have been any who were of a whose opinion was
different from that expressed by the verdict, they have been
so wrought upon by the far torture as forced by the torture to disavow it.

Identifier: | JB/035/313/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1809	Marginal Summary Numbering	12
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	313	Info in main headings field	jury trial
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c6
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10906
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