JB/047/017/002

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May 1803

Modifications

Quantity and Quality
1. The seat of bias
2. Less exposed disposed to contradiction.
3. Therefore, to admitt
of conviction of perjury
4. Therefore the natural
modifications
naturally adopted by an unwilling
witness.
5. Hence a justification
of an attempt
to discredit an unwilling
witness

He is compelled by law
to speak – for his own
sake he will not utter
any falshood that will
expose him to conviction
of perjury: but so far
as falshood promises to be safe, there
is reason to apprehend
his practising it.

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More probationism

Cases where proof might
be sufficient for satisfaction
or collation – or non-collation
or rights, though not
for punishment
1. Forgery.
2. Perjury
3. Murder for succession
or in case of insurance
of life or goods.
4. Incendiarism to
an Incendateur ()
profit by insurance.
5. Theft – proof may be
strong enough for restitution
though not for
conviction &c.
⊞ ⊞ Admitt that in
these cases the triumph
is not compleat,
since the
character suffers.
Look over the Table of offences.

In For
In cases where there
is no individual injured
the infliction might be
simply sufficient to take away the
profit of the offence.

Among the many bad
effects of capital punishment
is the deterring
Judges (Juries)
from convicting, tho'
their persuasion is in the
affirmative. Infliction
pro more
would do away this
inconvenience.

In non-penals where
one man loses mo more
in one event than
the other would in the
other, any the slightest
degree of persuasion
may be sufficient for
decision.

In penals, where the
punishment is the highest
a degree of persuasion
much short of the highest
practical degree would
scarce be sufficient.

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More probationism

In Perjury, by a litigant the offence
that is not that of the
Defendant, therefore the
punishment can not
take place in that
cause, so that there is
no option between major
and minor infliction.

The minor infliction
has in some cases
been prescribed by
the legislator.
Instances in English Law
1. Theft or other deprecation.
1. Lead &c every where
2. Imported goods from
neighbourhood of Thames.
2. Treason under Sedition
Act.

finding
in predatory offences.
Delusion between
impunity & extreme
punishment.

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Decision
Dependence.

Exceptions None in
1. View
2. Disputed and incompleat where
Fact is improbable.

Grounds of Decision
1. Real 1.
2. Real } direct
3. Personal } direct
4. Real } Circumstantial
5. Personal } Circumstantial
Either may be pro
or con.
5. Improbability of the fact is circumstantial evidence
– contra.

Identifier: | JB/047/017/002 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-05	Marginal Summary Numbering
Box	047	Main Headings	evidence
Folio number	017	Info in main headings field
Image	002	Titles
Category	rudiments sheet (brouillon)	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	14885
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