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PROCEDURE - Summary View. Conviction on — State of the question concerning the expediency of allowing.
Of all modes of judiciary demonstration, Vices[+] {+] consider'd merely with reference to the magistrate himself as a means of information
ie: of the Magistrate is manifestly the most
compleat — In this case the several characters
of Prosecutor Witness and Judge are visited
in his single person. characters such, that it
for owing entirely to the imperfection of the
human faculties that they are ever separated permitted
in separation: characters which united in beings
such as are by accident, are by essence united in the
allperfect judge. [in virtue of] by his essence.
distribution At every separation of characters functions thus necessary
to concur towards the constatement of the fact
in question, a fresh degree of uncertainty is produced.
It is only because he cannot always see every thing
with his own eyes, that the Magistrate is permitted
to see any thing with the eyes of others.
But the enlightening of the Magistrate is not
the sole end of the formalities of Procedure. It —
scarcely is in the Jurisprudence of any civilized
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polished nation; least of all is it in our's.
The applying+ + punishing — administering, affording a check to the corrupt affections
which may influence every judge, as they
may every man — by holding up the same
lights// // determinatives to others - number of persons besides, that are
presented to the judge they are thus enabled to judge from
the force sentiment of those determinatives upon themselves
and from that of their own conclusion in consequence,
whether it was by the same determinatives
that the has conclusion was governed — (as it
ought to be) or by other sinister ones, irrevelant irrelative
to the merits.
According to an absurd doctrine laid down in
12 Mod. 688. An Act of Parliament proscribing allowing
of Conviction on View should is be void:
for an Act of Parliament is void says the
Court, that, makes the same person both Judge
and party.
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There is always therefore a certain contingent danger contingent mischief in the <add>danger in a certain degree</add> of
undue punishment (not of undue discharge undue impunity)
for acquittal in view, has in no instance that
I ever heard of been appointed + + is a thing I suppose, unknown.) from [ the [
of these formalities and] aggregating of this distinct
functions to that of the Judge.
There is on the other hand also a contingent evil
in the danger of undue impunity from the want
of their being thus aggregated.
Now of these 2 evils the lst is to the second, as the
number pain resulting from the number of in the 3 stages of it's progress through
the community, the pain I say of produced I say <add>in the 1st case by</add> an instance
of undue punishment for the offence, multiplied by the number
of instances in which it may be reported
& that product by the chances for it's being
repeated, is to the pain produced by an
instance of the offence itself, multiplied by the
difference between the chances against it's being
committed when prosecuted in this summary
way, & when only in the common one. Upon this state of the question
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They who think the first danger the greatest pain if pain within a given
period in the first case depending upon this a given offence in question together with its punishment, has been or could be
greater than in the second, must be of opinion
that Conviction on View ought not to be allowd
of for that offence — they who think the contrary
must be of opinion that it ought.
PROCEDURE Summary View conviction on — State of the question concern-| [-ing the expediency of allowing.
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Identifier: | JB/050/006/001 "JB/" can not be assigned to a declared number type with value 50.
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procedure summary view conviction on - state of the questions concerning the expediency of allowing |
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jeremy bentham |
[[watermarks::[gr with crown] [lion with vryheyt motif]]] |
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