JB/055/069/001

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1823. Novr. 10
Constitutional Code or Procedure

Persons in manner in
Defendants indigent in greater proportion

Ch. or §. Of penal compared with non-penal Procedure

Non penal and penal procedure have one and the
same object or end in view – establishing the truth in regard to facts.
To avoid useless complication The arrangements and correspondent regulations ought therefore to be the same,
with no other differences than such as are indicated and
prescribed by special reasons.

The procedure in non-penal cases is the proper
basis: the system to be established in the first place
the standard of reference to the others: the motives and means
of execution as far as they go may be applied without preponderant
evil to the penal cases: the motives and means of execution effect
motives characteristic of penal procedure can not as far as they go connect
without preponderant evil be applied to non-penal cases.

In pen non penal cases the motives inducements for compliance can
not be less necessary than in penal cases: only the motives for
non compliance being so much more urgent stronger, so much the mot
antagonizing motives – the motives for compliance.

In penal cases taken in the aggregate, the conflict opposition
between the interest on the pursuer's side and the interest on the
defendants side is more violent strenuous: in penal cases on behalf of the pursuers
side greater sacrifices are called for at the expence
of the interest on the defenders side in penal cases
than in non-penal.

On the other hand in penal greater caution is necessary
on behalf of the defenders side at the expence
of the interest on the pursuer's side than in non-penal.

Identifier: | JB/055/069/001 "JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-11-10	Marginal Summary Numbering	1-3
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	069	Info in main headings field	Constitutional Code or Procedure
Image	001	Titles	Of penal compared with non-penal Procedure
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	E1
Penner		Watermarks	J WHATMAN TURKEY MILL 1822
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	17790
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