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Severity of punishment
encrease the first chance
1.st Evasion by (concealment
( reluctance to prosecute
2. Escape
3. Acquittal by fact for want of evidence of evidence
4 Acquittal by Law
5. Pardons
6. Asylum
7th Reluctance to
Prosecute.
There are chances which a guilty person has of escaping punishment
the contemplation of which weakens lessens the effect produced the impression
by the Idea of that punishment which the punishment would make otherwise
1st that of not
being taken 2dly that of escaping when taken.
3dly that of being acquitted at the trial for want
of proof 4th that of being acquitted or having the punishment retarded by means of
legal subtilties 5thly that of being pardoned — to
which may be added in some countries + + here too in case of Debt considering Arrest also punishment for improvident
Debtors 6. that of escaping by an Asylum
7thly the reluctance of Prosecutors. — owing arising from compassion <add> consideration 1st to the severity
of the expences of the Laws. 2dly from consideration of Interest
owing to the expences of prosecution.
An acquittal if upon the
merits does not at all
for 1st the escape of a person
who is appears really innocent affords
no sort of inference to the
guilty that he shall escape
2dly it is of no use for example
for by the very supposition
there is no offence committed
& where there is no offence committed
there is no example
wanted — the only utility cause in which any
degree of utility would result from
the punishment of an innocent person
would be where a number of really guilty had escaped: but then his innocence must not be apparent for
when it is it is no example.
An acquittal weakens the impression (if at all) less
that of the general kale (if at all) less than a Pardon
a Pardon (if it appears to be upon good grounds, by
proposed not being granted but under the restrictions proposed
above less (if at all) than an escape upon
legal subtelties —
will form as so many heads of inquiry which
will be treated of in so many books
to be efficacious it
It is the observation of its execution
must be executed: otherwise those to whom it is
in past that begets the expectation of its execution is
addressed have no other motives at all for obeying
future the expectation of its execution in future is
it or very weak ones the [sole] motive for the obedience paid to it, and in the production of that obedience
consists its' efficacy #
# Under these heads every
thing that is to be said Further
on the fact of Penal Laws
may be comprized The
excellence therefore of the
Penal System may be said to
consist in particulars as they
as well summed up by a
There are a few indeed
who find a motive for
obeying the Laws, considered
merily as counsels, in the
distinct more or less distinct apprehension of
the displeasure of the Society Duty or
grounded respectively on the suppression consciousness
of its' utility to the Society on the expectation of their perception of that utility & of the Justice of the Divine.
Identifier: | JB/050/164/001 "JB/" can not be assigned to a declared number type with value 50.
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050 |
procedure code |
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164 |
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001 |
chances for the guilty |
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text sheet |
2 |
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recto |
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jeremy bentham |
[[watermarks::[gr with crown motif]]] |
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16155 |
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