JB/047/117/001

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Ch. 7. Rectitude of decision – its dependence upon Evidence – Conviction on View

Ch. 7. Decision – where allowable without evidence.

1. Conviction on View. Burn p.47. 2. Firing Jury for non-attendance. 3. Mayhem?

Decision? on a question of fact? º and without evidence. It be possible Does
the nature of things afford a case in which a decision thus unsupported would be ?
The case which is the subject of the present Chapter here referred to, is a case which though
The case it does not often happen, is by no means without example.
It is a case the most simple in its conception, the most simple of any
that can be found provided for in the Systems of procedure.
It is a case more simple in its description than any in
which evidence is necessary.

The case in which the seeming paradox is realized
is the case in which It is a rare case for the Judge himself who has
cognizance of an offence as to be present at the commission
of it. It The case though not common is however by no means without example.
Under the English law jurisprudence examples of it are afforded even by regular procedure.
An One example is that of an act of personal violence, or
any other offence committed in Court and during the sitting
of the Court.

Another example is afforded by an act of a the negative form description.
A Juryman neglects to appear in Court to upon him the office of Juryman according to his summons. The Judge drawing his non-appearance, fines him for it. In the sentence by which this fine is announced, a decision pronouncing the fact of the delinquency thus committed is included.

Evidence is constituted by certain facts matters of facts which
being distinct from the fact sought; are exhibited
in the view of their serving to produce, in the breast of the Judge a persuasion concerning
the existing of such the fact sought. But the
if, on any occasion, it happens that the fact sought presents itself presents
itself of itself to the senses of the Judge, it is said manifest
that every thing that comes under the notion goes under the name of evidence
as can not but be superfluous – at least in respect of the
adding to the force of the persuasion entertained by the Judge
concerning the such fact sought. The omnipresent, all seeing
Judge has no need of evidence.( )
( ) Note
In a prison or other
edifice constructed on the
Panopticon principle
there would scarce be
any demand for evidence.
See Legislation Civ. & Pen.
Vol. 14 Plan du Panoptique.

The In No, says somebody: the decision given in a case
like this, is not given without evidence. The Judge has evidence,
and the best of all possible evidence – the evidence of his own senses.
True, I answer, he has The evidence of his own senses? – yes:
but in this expression phrase the use of the word sense if figurative.
In the plain and ordinary import of the word evidence, the person
whose evidence it is, the person by whom the statement is delivered is a person distinct from the Judge. In the
phrase of the Judge determining from has the evidence of his own senses, the senses of the
Judge are personified, represented as distinct persons, by whom the evidence
in question is delivered.

Identifier: | JB/047/117/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1803-04-09	Marginal Summary Numbering
Box	047	Main Headings	evidence
Folio number	117	Info in main headings field	evidence
Image	001	Titles	note
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	14985
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