JB/041/486/001

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1831 Sept. 15 Constitutional Code

Ch. XXX Justice Minister
§. 5. Dispunitive function
14 continued.
Art. 15. Mind now the practical consequences When such is the practice, the existence of it constitutes
a sort of apparent and virtual law which makes itself
4. This practice, when
known, operates as a
premium on crimes.
"I will get men to
"join with me" (says a
man to himself:) the mine
shall be the whole profit
of the offence; theirs the
punishment
known to the fraternity of criminals of all sorts. It thus
operates as a premium, as an encouragement, to all crimes
to which it applies still. A man says to himself — "I will
"get men to join with me in the commission of this crime.
"I will make to myself all the benefit of it and, by
"information given to the judicial authority, I will impose
upon them the whole burthen of the punishment.

5. Suppose a pecuniary
premium added, payable
on conviction: here is
encouragement
offered by authority;
1 for the crime:
2. for mendacious
evidence.

What if, to this encouragement in this shape be added, under
the express name of a reward, a pecuniary donation: the
payment of it being having for a condition the conviction
of the co-delinquent in question? Then there is a encouragement
offered by authority — offered, according to law —
far too atrocious and distant and atrocious though so intimately connected, crimes:
in the first place the principal crime in question; in the next
place, [ the utterance of any such mendacious evidence, it may as may have
presented itself as necessary to the or conducive to the obtainment
of the reward.

6. , still is
vigour in this practice:
thanks to the Judges by
whom, through connivance
of the Legislature, legislative
power has been usurped.
To defendant, questions
by which exculpative evidence
might be elicited, must
not be put. Why? because
it would be unpleasant to
him: a reason, by which,
if applied all punishment
would be abolished. - impunity to all crimes.
Thus absurd and maleficent Under English
Law, thanks to the , of the usurpers of the power of
legislation the upper rank of the Judicial functionaries —
the succedaneum to law, by which so a
portion of the field of legislation is covered being of their formation,
the practice is still in vigour. To the defendant
himself, an the interrogator, the effect of which might, by means of his -
- evidence, his evasions, or his silence be to
demonstration of his guilt, is not suffered to be put. to him.
Why? because forsooth the taking of any one of their crimes would not
be pleasant: to have a reason which if admitted to
determination to be the conduct of the legislator would have the
effect of giving impunity
to every malefactor, and
compleat license to every
crime.
Pleasing to him? No
assuredly it will not be
if he is guilty: but less assuredly it would
be, if he is innocent.

Identifier: | JB/041/486/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1831-09-15	Marginal Summary Numbering	14 continued
Box	041	Main Headings	Constitutional Code
Folio number	486	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	E14
Penner		Watermarks	STREET & Co 1830
Marginals	Jeremy Bentham	Paper Producer	Antonio Alcala Galiano
Corrections		Paper Produced in Year	1830
Notes public		ID Number	001
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