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JB/041/179/001

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1823 Sept. 6
Constitutional Code

8. Legal responsibility none. Upon the supposition that the
substantive branch part of the law is good, especially the Constitution and
penal parts of it, mind note even the effects, coupled with the power
given in some possessed to a vast extent over the fate of the suit. Responsibility
in the way of eventually punctility in effect absolutely none: in the way of dislocability,
as little: their situation being but a one, and that
not a valuable but a burthensome one. Here then in the power
of him that one of the 12 who has to the strongest will adds the stoutest stomach
here is absolute despotism: a despotism which to the extent of
the power possessed by this fraction of a judicatory may be applied
to the most beneficial indeed but with no less facility to the most
mischievous purposes.

On In the field of penal law, and thence in that of en political
law, by co-operation with or without concert among a certain
number of individuals, locable and located in the situation, impunity
might be given to delinquency in every imaginable shape.
For one and the same offence Acquittal once pronounced, a second trial in other words appeal never can take place.

Not quite so despotic but still most mischievously
ample is that power over the fate of the suit in even penal
cases. In no ca Scarcely in any such case is a new trial – i.e. appeal
to another Jury which declaredly unattainable. It is so
an effect, and to a vast extent owing to the prodigious encrease
given in this case to the delay vexation and expence. To obtain such
appeal, an intermediate appeal must have been made to one of
the fixed Judicatory in the Metropolis, from whence it was sent down
to be tried by the flying judicatory with a Jury in it, in the
country: and on this occasion is evidence not received but in a
confessedly bad shape, it may depend whether evidence shall over on the second trial be
again be heard over again in a the only good shape.


Identifier: | JB/041/179/001
"JB/" can not be assigned to a declared number type with value 41.

Date_1

1823-09-06

Marginal Summary Numbering

102-104

Box

041

Main Headings

Constitutional Code

Folio number

179

Info in main headings field

Constitutional Code

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.

Page Numbering

C8 / D33 / E33

Penner

Watermarks

Marginals

Jeremy Bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

001

Box Contents

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