JB/047/144/001

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June 1805
Evidence

The sort of inquiry made at here what is called the Trial and Assizes –
the sort of enquiry carried on in the presence of a Jury will not
always suffice, will very frequently not suffice without preparatory
inquiries. The object business of the Trial, is to display
before the Jury and take their direction upon, the whole budget of evidence, so on both sides, as collected
for the purpose. But before it can thus be displayed, a gre pretty long
thread chain of previous enquiry is sometimes necessary, for the collection
of it.

The investigation collection of the evidence frequently by the investigation
of a thread of evidence, is the business of those preparatory examinations
which are taken, previous to the trials for felonious trial for a felony the trial in
case of felony. Add those To the definitive inquiry called a Trial a course of preparatory examinations
such as those, you have all the real inquiry that is necessary, and
more than is now actually employed.

But the two inquiries, the definitive and preparatory thus just
described, the two inquiries put together, amount to no more than
is done, effect no more than is effected by the single and
simple inquiry carried on which composes the business in constitutes and with the addition of judgment and execution, exhausts Summary Procedure.

But in Summary Procedure there is no Jury. Be it so.
Be it so, and what then of the ends of justice are more effectually
accomplished without a Jury than with it. Employment Trial by Jury Jury trial is not itself
among the ends of justice: it is but a means and the value of it
like that of any other , is no otherwise to be judged of them by its subserviency
to those ends. In a large and highly important class
of course it is utterly impossible to employ it† † See Complication Table. In a small large and important
class of causes in which it might have been employed, it soever
has been employed. The business is to employ it in all those cases
in which the employment of it is or would be subservient to the ends of
justice: to employ it in more of those cases in which the employment
of it is or would not be subservient to the ends of justice. The doubling
the laws, custom, even the blind custom, where its dictates commands indications not uncorrected
by better informed, will be a highly proper guide. But any
a ground to field in decision is at once so necessary and so necessary a hand or from
been without
its uses.

Identifier: | JB/047/144/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1805-06	Marginal Summary Numbering	11
Box	047	Main Headings	evidence
Folio number	144	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15012
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