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Judic. Estab. Informers Pro.
1
Necessity of adequate
inducement
with respect to the
assumption of these
functions. p. 1
2
And of removing
or surmounting
discouragements.
p. 1
3
Discouragement
applying to the
function of informer —
1 enmity
and 2. odium
4
3. and obligation
to prosecute. p. 2
5
Remedy against
enmity — secrecy.
p. 3
6
Objections against
secrecy groundless.
1. No harm in
secrecy thus qualified.
p. 3.
7
2 No good in divulgation.
p. 3
8
3. If a false witness
was informer, he
will be responsible in
quality of witness. p. 3.
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9
Divulgation can
be of no use but
for the purpose
of responsibility.
p. 4.
10
How far the prejudice
against
secret accusation
is founded on
justice. p. 5
11
It has for its authors
delinquents
at all times, and
under a tyranny
men in general
p. 5
12
To determine whether
disclosure
shall take place
ought to belong
not to the Pursuer-General
but the
Judge. p. 6.
13
Secresy a remedy
also against the
odium. p. 7.
14
2. Another remedy
against the odium —
legislative declaration
of its injustice
and of
the respect due to
informers. p. 7.
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15
Novelty of this
expedient. p. 7.
15 (b)
Affair of the
Agasse's an instance
where this
prejudice has
been successfully
combated in France.
p. 8.
15 (a)
A fine example
in the preambles
to the French
Edicts.
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16
Dissuasives that
apply to the
function of
prosecutor.
1. Trouble.
2. Expence.
17
Remedy against
the trouble — simplification
of
the law of procedure.
p. 9.
18
2. Against the
expence — disburthening
the
prosecutor of it
. 9.
19
1. By striking
off factitious expences.
p. 11
20
The discouragement
applied by
such factitious
expences is much
more than a reward
to that amount
is able
to counterbalance.
p.11
21
2. Reducing the
natural measure
to such part as
is unavoidable.
p. 12
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22
3. Indemnifying
the prosecutor against
what remains after
these deductions. p. 12
23
Indemnification
not compleat unless
it embraces lots of
time, yet it cannot
be carried so
far: why — p. 13
24
Indemnification proffered
at the expence
of the delinquent
if convicted in case
of conviction, under
the name of costs
is not adequate. p. 14
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Judic.
25
Another negative
encouragement
is the forbearing
either to compell
or forbid an informer
fro to turn
prosecutor. p. 15.
26
Advantages of
dissolving this
forced conjunction
p. 17.
27
1. Frugality in
respect of the quantum
of the reward.
p. 17.
28
2. Lessening the
temptation to perjury.
p. 17.
29.
3. Lessening the
objection to the
credit of a witness.
p. 17.
30
4 Saving the law
from being ineffectual
in the
cases where the
substance of the
defendant is known
to be unable to afford
a reward. p. 18
31.
The public can
afford to prosecute
in all cases. p. 18.
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32
Many would inform
who, if on
informing they were
obliged to prosecute
would do neither.
p. 19.
33
5. Saving the defendant
from a
burthen greater
than is necessary
p. 19.
34
English Law —
weakness it contracts inconveniences it
is productive of
by compelling this
conjunction in some
instances and
forbidding it in others.
p. 20.
34 (a)
Examples — Informers
in felony bound
over to prosecute.
p. 21.
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35
Dissuasions removed,
the less
reward will be necessary.
p. 23.
36
Positive encouragement
of an honorary
nature — different
modes of
applying it. p. 25.
37.
1. Declaration of merit
on the face of
the law itself. p. 25
38
2. by the Judge
in each individual
instance. p. 25.
39.
3. Seat in Courts
of Justice. p. 26.
40
4. Honorary medallions.
p. 26.
41
5. In some cases
pecuniary reward
added or substituted
to the above honorary
ones according
to circumstances.
p. 26.
39 (a)
Greek Προεδρια.
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42
Condition necessary
to the efficacy
of honorary
rewards in such
a case is that
the laws should
not be notoriously
unfit to be counted.
p. 27.
43
How reward itself
may operate
as a discouragement.
p. 32.
44.
Witnesses
What concerns the
means to be taken
for procuring
belongs not to the
present subject
but to that of procedure.
p. 33.
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evidence; procedure code |
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judic. estab. informers procedure |
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marginal summary sheet |
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recto |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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16218 |
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