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CERTAINTY BAIL
The exercise of the discretionary power of Bailing, is founded on either the one or the other, or both of
these two suppositions, that the accused is not guilty of the Crime charged upon him
or that tho' guilty, it is of such a crime the where punishment is such that to avoid it is
worth his while considering his circumstances situation in life to renounce his country the friends that have been bound for & sacrifice his friends
A man is pronounced not guilty for that purpose summarily & ex parte by a Judge or Judges with little
danger or with a of a wound to Justice, when the charge, if taken taking it for true, facts of proving like to be
so: with little occasion for jealousy, because it is condemnation not absolution
that men are afraid of from the hands of permanent & exalted Magistracy
The first case would have been more accurately expressed by
that the magnitude of the mischief of his escaping, nullified by the chances for his being +
+ or rather appearing guilty; for if he really was guilty but appeared not to be so, his impunity would be production of no mischief
guilty, is less than that of the mischief of his suffering imprisonment, nullified by
Identifier: | JB/050/053/001 "JB/" can not be assigned to a declared number type with value 50.
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050 |
procedure code |
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053 |
certainty bail |
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001 |
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text sheet |
2 |
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recto |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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cc1 |
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16044 |
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