JB/050/160/001

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CERTAINTY JURY Advantages of that Trial what -

1 The [essence virtue of the superior excellence] of the Jury
Trial is not lodged [consists not in the Number 12: although
there are 12 months in the year, 12 signs
in the Zodiac, although there were 12 Peers
of France, 12 Gods of the 1st Rank, & 12
Apostles

2 It consists not in the constrained union of voices
for we must not call it unanimity.

Such an union among the Judges seems at first
sight to be much the same test of Truth, as
The only answer to this is that it is fit the decision should be in weights determination of the decision should the ratio as well of the intensity as of the number of Suffrages
Fortune is with respect to the Criminal: the one
depending upon the rigidity of the nervous fibres
the other upon the obstinacy of the mental frame.

It consists not in the opportunities of extra-judicial;
[+] [+] in other words, their absolute capacity for judging intelligence [+] than ill grounded reason for the qualification
of strict neighbourhood, exacted by the
old Law, now no more: Not the fact in question

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was then tried, but a thousand other facts at
that bore no relation to it: the accused was
. . . . . . . . . .
or hunted down by party claimer: the interests
prejudices, hopes & fears of the Judges were c
cast altogether into the Scale — In those Ages
there is no end of complaints of their iniq iniquities:
The atrocious punishments of Actains
[and liners of the execution of which sworn in
the Books] was but a feeble check. rein

The reason why a certain degree of neighbo
is still required is a very different one, it
regards the benefit of different persons: it regards in a
respect the accused, it regards the Jury
themselves: it ensures them against the in inconveniences
of long travel.

4 It consists not criminally in their absolute capacity
of for Judging: that would be more excellent if they th
were taken not as here out of the uncultion illustration

except in certain causes of which from such action, the burthen rest peculiarly on them: as mercantile affairs.

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promiscuous herd but as in most countries from
men prepared for the office by discipline &  :
in a word if they were not Jurymen
but Judges.

5 It consists not much little in their substance any further than their capacity for judging may be affected by it : in their substance: [the matter object of many anxious regulations of our Ancestors which might with more advantage have been pointed to the object which I was about to mention.]
It consists in their indifference

This indifference is second in different instances
by one or both more of 23 expedients:

1st By the fortuitousness of their appointment

2dly By the suddenness of it

3dly By the operation effects of the power of reservation lodged
either in both parties or in the party most
obnoxious to oppression amounting approaching in a certain
degree to a choice

Identifier: | JB/050/160/001 "JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	160	Info in main headings field	certainty jury advantages of that trial what
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16151
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