JB/050/170/001

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JURIES 2

Now the expedient I propose is not so far from being productive of a greater evil than that which it
is designed to spell, is not of any at all: because it consists not of a new regulation
added which I as was observed in the introduction always necessarily produces a certain degree portion
of evil, but in subtracting a large body

There cannot be a stronger proof
of the general universal Sense of the
people of accruals of the impropriety
of the several heads provisions of other
Law thus undermined by this party
than the growth & establishment itself
of this practice itself.

They become familiarized to the idea
of a dispursing power (lodged under
in the infant hands and which it can
be , but which if possible ought
not to be lodged in any) and of worse
than a dispensary, in enacting power.
The Fear of indemnity opresses many
the innocent & of impunity among
the guilty: Men learn to consider
their fate or deficiencies - not upon
a impartial view of this impartial Law, but upon
the [favourable or unfavourable]
disposition of the Jury those who are to
judge them

Their pronouncing the general word guilty or not guilty makes itself appear is apt to appear to them the excising
of an act of particular Legislation; & as not apprearing to import rather a general censure passed by themselves
on the defendant's conduct than the putting a simple negative or affirmative upon a an act
[question concerning the commission of an act] which the law has deemed censurable
their verdict has a reference rather to the punishment than the Crime: so that wherever it happens
among the numerous provisions of the Law, there is any one the reason of which is not
understood by apparent to 12 men, or perhaps to one leading man who influences the 12, there
is great danger of that provision being frustrated by the Jury's not being able to
bring themselves to pass a censure on a conduct which they do not disapprove.

This train of sentiment becomes the more unavoidable, from their having no opportunity never knowing <add> with any precision what </add>
else it is to which their verdict judgment of if guilty or nor guilty is to refer; nor having any opportunity
to guess but from observing groping out from the darkness that surrounds their sense what point of fact on which the Accusers seem anxious to establish &
the defenders to overthrow: that point of fact which is or should be comprized unfolded in the Indictment.

Identifier: | JB/050/170/001 "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	170	Info in main headings field	juries
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks	[[watermarks::j honig & zoonen [lion with vryheyt motif]]]
Marginals		Paper Producer	cc1
Corrections		Paper Produced in Year
Notes public		ID Number	16161
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