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Purs Tit. V. Ch. VII
Note
Motive (a) In some cases the consideration of the motive
is really material: but this is not of the number
It In some instance it cases it is so in the case instance of the pros delinquent in
some instances, though not even there in all instances: cases:
but in no instances case is it material in
the case instance of the prosecutor. It is material and
that in the highest degree in the case of certain
crimes: because it is from the motive that questions
whether the de to look upon the and that
only alone, that shews whether only a partial
an individual or two has reason to stand to in dread of fear him
or whether the same danger hangs over the
head of all men without distinction. The distance
in the scale of mischievousness is not hardly greater between
murder for owing on account of private
enmity and the most venial peccadillo, than between that crime and than between premeditated murder precedent
to a highway robbery: precedent and instrumental to a plan of robbery on the highway: and in cases like
these the nature discovery information of the motive is commonly not less easy is commonly
not less easily ascertained than it is material to obtain them it is important when obtained.
In cases of public libel on the other hand the
motive is equally immaterial and inscrutably
in the instance of the supposed delinquent as in the
instance of a prosecutor: as indeed an offence act of
that sort is a sort of prosecution, just or unjust, of a
public man servant of the public before the tribunal
of the public. The bro Be the motive good or bad,
public spirit or ill will to the whole community, the
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Identifier: | JB/051/272/004 "JB/" can not be assigned to a declared number type with value 51.
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evidence; procedure code |
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272 |
tit. v |
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004 |
note / (a) |
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4 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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