★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Judi. Estab.
§ 3
France Modes of filling
the function of
prosecutor — open
close — and mixt
§ 4
Insufficiency of
the open mode.
§ 5
Insufficiency of
the close mode
§ 6
Of Shaping laws
§ 7
Means of engaging
prosecutors
---page break---
1
Necessity of a prosecutor
or other
pursuer in every
case. p. 1
1(a)
Apparent exceptions.
1. Judge prosecutor
ex officio.
2. Conviction on
view.
2
Necessity of informer,
and evidences. p. 1.
3
Three methods of
providing for the
discharge of the
function of prosecutor
1. the
open: 2. the close:
3. the mixt.
3(a)
The open nearest
to the English mode:
3(b)
The close nearest
to the French mode
4
The open the most
natural — the informer
the most natural
prosecutor p. 3
---page break---
5.
In offences purely
private no other
need be looked for.
5(a)
Examples
5(b)
This supposes the
party interested to
be under no natural
inability. p. 4.
6
In offences purely
public a prosecutor
in general
is not to be expected.
p. 5
6(a)
Examples
7.
— Unless a factitious
inducement
be offered him in
the way of reward
p. 5
8
Insufficiency of reward
to this purpose
as being
1. Expensive p. 6
9
2. Uncertain in
its operation, p. 6
Much less so in
the case of information.
10
3. apt to expose
a man to enmity
and odium. p. 7.
---page break---
11
4. Incapable of
supplying ability
where that
is wanting. p. 7
12
5. liable to be
overcome by the
force of reward
applied in a
contrary direction.
p. 7.
13
6. liable to the
inconvenience
of vesting in individuals
the
power of pardoning.
p. 8
14
7. liable to fail
through a failure
of the fund
p. 8
15
So in offences
private offences
raised to the rank
of public ones.
p. 9
15(a)
Examples.
16
In these equity
too forbids the
throwing the burthen
of prosecution upon
the individual
injured. p. 10
16(a)
So even in private
offences, were it avoidable.
---page break---
17
Hence the necessity
of an establishment
of official prosecutors.
p. 11
And thus for all cases
18
Mischiefs of annexing
to that
duty an exclusive
right:
1. Arbitrary power
over the laws. p. 12
19
2. and thence over
individuals. p. 15
19(a)
General insecurity
on this account
under the English law
p. 16
20
3. a power much
superior to that of
Judge. p. 14.
21
4. Excluding informers,
who in many
cases may make
fitter prosecutors.
p. 17
---page break---
22
5. and witnesses —
who may be peculiarly
qualified to be prosecutors
by being peculiarly
qualified to
be informers. p. 19.
23
Inconveniences resulting
from the forcible
disjunction of the three
characters:
1. Driving many from
the service of the law
many whose assistance
may be indispensable.
p. 19
24
Witnesses if excluded
as such for being prosecutors
or informers
possess thereby a virtual
power of pardoning. p. 21.
25
Danger to which every
prosecutor who is not
a witness is exposed of
being entrapped into
the reproach of calumny.
p. 22.
26
Inconsistency of such
an exclusion with the
expedient of offering
rewards for evidence.
p. 23
27.
Cause of this inconsistency
in the English Law. p. 25
---page break---
28
The policy of
sleeping laws is
naturally connected
with that of
a monopoly of the
right of prosecuting.
p. 27.
29
Mischief of sleeping
laws:
1. Keeping a nation
of slaves within a
nation. p. 29.
30
2. Weakening the
authority and the
credit of the whole
body of the laws. p. 30.
31
Causes of the continuance
of sleeping
laws:
1. a spirit of tyranny.
p. 31.
32
2. Excessive cowardice.
p. 33.
---page break---
33
Necessity of adequate
inducement.
necessary preliminary
removal
or surmounting overbalancing of
dissuasive. p. 35
34
Dissuasives applying
to the function
of informer are
1. Private enmity
2. General odium
p. 35
3. Obligation to prosecute
35.
Remedy against
private enmity —
secrecy. p. 36.
36
How far the prejudice
against secret
accusations is founded
in justice. p. 37.
37
Which applies
also to the general
odium. p. 39
38
Other remedies against
the odium
1. Instruction given
by the law shewing
the natural title of
the informer to honour.
p. 39
Preamble, English
39
2. Factitious honours
decreed by law. p. 40.
---page break---
40
A condition necessary
to the efficacy
of such provisions
in that the laws should
not be notoriously
unfit to be executed
p. 41.
41
Dissuasives that
apply to the function
of prosecutor
p. 45
1. Trouble
2. Expense
42
Remedy against
the trouble. Simplification
of the
law of procedure.
p. 45
43
— against the
expense p. 45
1. Reducing the natural
to the unavoidable
2. Shaking off the
factitious
3. Transferr Easing
the individual of the
unavoidable
44
4. a
man to inform without
prosecuting, &
vice versa. p. 46
45
Dissuasives removed
the less reward will
be necessary. p. 47
46
How reward itself
may operate as a
dissuasive. p. 48.
---page break---
47
Positive inducements
how to
|
Identifier: | JB/051/051/001 "JB/" can not be assigned to a declared number type with value 51.
|
|||
|---|---|---|---|
|
1-3, 3a, 3b, 4-5, 5a, 5b, 6, 6a, 7-15, 15a, 16, 16a, 17-27, 27*, 28-47 |
|||
|
051 |
evidence; procedure code |
||
|
051 |
judic. estab. |
||
|
001 |
|||
|
marginal summary sheet |
3 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
||
|
benjamin constant |
|||
|
16216 |
|||