JB/055/072/001

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1823. Novr. 10
Constitutional Code or Procedure

In penal procedure the prudence procedure of the legislator is
put to a severe test by the two antagonizing cares, the
care of repressing the evil opposite to the collateral ends of
justice and thence by that means also to the direct ends of justice, and the
care of repressing the evil opposite to the direct ends of justice.
Allow if In penal cases allow appeals without exception that as
you may in non-penal cases, the faculty of appeal will in an extensive
class of cases be absurd, and it will be employed
to the vexation of accusers and witnesses, and thereby to the
exclusion of information accusation and testimony to the exclusion of
many by whom those several functions could otherwise
be exercised.

Forbid appeal in those same cases, you deprive
the defendant in the event of his being innocent, and choice
on the occasion of the penal suit in the right,
of the benefit of the appeal which that remedy check upon arbitrary
power, which, even in cases where the eventual suffering
from the exercise of it is at its minimum, can not
consistently with justice the principle of judicature by which
the institution of Appeal is prescribed, be refused.

Here thus comes in the necessity of a mezze termino
of a modification: of a condition applied to the effectual
exercise of the right and function of appeal in that
class of cases. Place it in the result in a state of
dependance on the act of a Quasi Jury: of a set of
men the majority of whom are taken from the class
exposed in the highest degree to the temptation of becoming
offenders in respect of the class of offences here in question: But
for such a the check of App subjection to Appeal the Judge in
virtue of the aristocratical sinister interest and corresponding
propensity inherent in his situation would be apt and
disposed and or at any rate would be suspected of being disposed to
apply conviction and
punishment to the innocent
through that
carelessness which is
so natural and almost
necessary
concomitant of contempt:
the of contempt entertained in relation to the class to which the offenders are most apt to bribery. On the question Appeal or No
Appeal give the decision to the class of men whose place in society is nearest to his own, the eventual possible ablation of the faculty of Appeal⊞
⊞ will neither be nor applies to
production of any serious danger to innocence
to the innocent.

Identifier: | JB/055/072/001 "JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-11-10	Marginal Summary Numbering	9-11
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	072	Info in main headings field	Constitutional Code or Procedure
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	E4
Penner		Watermarks	J WHATMAN TURKEY MILL 1822
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	17793
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