JB/051/086/001

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146 . Defense
= 8 1. par jour

So often as you see
a Defendant man stickling
for suppression
of evidence
set that man
down for guilty,
& you will never
be deceived.

So often as you
see Judges giving
way to the suppression
of evidence
any otherwise than
unwillingly & because
the known
decision of the law compells him
is absolutely
, those
derive for partial, & you will never be deceived,
you may push
out classes & that
are sure to be important in all instances: but you
can push out
none that are
sure not to be
important in
any instance.

If any it would
be Pecuniary are
the least important:
but we
have seen that
no distinction
can be taken
with propriety on
that ground.

Causes relative
to the condition
in life of an
individual, in
respect of the
relations of
husband or wife
parent or child
&c

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IV Quibus

1
Appeals should
be allowed in all

2
False grounds of
difference
1. importance
2. difficulty

3
1. Importance –

2. Importance varies
not between class
& class, but between
individual
& individual

3. The question of
importance depends
upon bona or
mala fides.
3 1. Distinctions
in point of importance
require
metaphysical
boundaries.

4. Diff Distinction
in as point of importance
grounded
on pecuniary
differences treat
as least important
the classes of that
who most so.

5. In criminal
matters,
classes founded
on importance
suppose punishments
fixed whereas
they ought to be
variable. They
therefore prejudice
that quantum of punishment

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IV. Quibus

6. The power of
6. The fixation
of the quantum by
the Judge does not
put a variable
punishment to in this
case purpose upon
the footing of a fixed
one: for to this purpose
it ought to be
fixed before the commencement
of the case.

In criminal matters
the most
solid grounds
of distinction are
those which require
the taking
away appeal
from some of the
most important
causes

If the least important
civil cause
is not of too little
importance for
appeal still less
can the least important
penal case

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IV. Quibus

1
Difficulty a
ground equally
insufficient

2
Difficulty is
between individual
& individual
– not between
class &
class

3 (a) Note
1. as to the point
of law written
Who can say
beforehand what on what
subject law will be obscurely
penned,
on what act?

2. As to unwritten
law – Who
can draw the line
between the more
and the less obscure
spots? It would
be little more
difficult
to dispel the obscurity
than to
weigh up delineate & define
it.

3. As to the point
of fact it depends
upon the nature
of the evidence in
each cause
upon the improbability
of the story of a witness
upon contradiction
upon -
of circumstantial
evidence

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IV. Quibus V. Quo

Inconvenience
of taking allowing away
appeal

1. Time of the
Court of appeal
taken up
Ans. 1. It is not
grudged for less
important causes.
A. 2. The imprisonment
as attendant
will be a check to
appeals wholly groundless

2. Interval
between
delinquency &
punishment
A. 1. It need be
but 2 weeks
extra in the remotest
provinces.
A. 2. Paris will furnish
more delinquents
of this class than
all the rest of
the kingdom –
and there the
objection vanishes.
A. 3. The difference
in point of impression
between
a speedy & a tardy
punishment hardly
applies to
the difference of
a fortnight.
If it did it
would require
a decision too
speedy not to be
exposed to the charge
of precipitation

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IV. Quibus V. Quo

This supposes that
As to The after a month's interval
men would
not remember that
a delinquent malefactor had
did a crime,
his punishment
told them of it.

It is in cases of capital
punishment
that the motives for
groundless appeal
would be strongest,
& allow admitt of no capital
punishment into
any code in any
instance.

You can never have
a procedure.
You must either
favour guilt, or put
innocence in jeopardy.

Besides To the current
objections I add another
that have
still more weight
with me

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Observe the simplicity
Is utility sacrificed
anywhere to simplicity?
Can simplicity go
further. One Judge
are sort of Court.
One Appeal: no
troubling vortexes
no Juries but
duration & cordis.

Try first how they
behave themselves
while they sit still:
if you don't like them
then if that would
do, if they do
not please you in
that state, you may
set them a whirling
at any time.

Yet Simplicity was
everywhere but a secondary consideration:
When made I was glad
to find it simple but
I did not resolve never resolved to
make it so.

Identifier: | JB/051/086/001 "JB/" can not be assigned to a declared number type with value 51.
Date_1		Marginal Summary Numbering
Box	051	Main Headings	evidence; procedure code
Folio number	086	Info in main headings field
Image	001	Titles	quibus
Category	rudiments sheet (brouillon)	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::l munn [britannia with shield emblem]]]
Marginals		Paper Producer	benjamin constant
Corrections		Paper Produced in Year
Notes public		ID Number	16251
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