JB/058/326/001

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11 April 1805
Evidence

5. Prosecutions are suits: suits constituted by a demand made of satisfaction
or punishment, or both, on the occasion of an some offence. The greater
the number of offences committed within a given time the greater the number of offences liable
to be prosecuted out of which prosecution may arise. Fifth object of the technical
system: to render the number of offences, (crimes of all sorts included) as great as frequent possible.

That the man of law has an interest in the multiplication
frequency of offences in general, and of those more odious offences which
are distinguished by the name of crimes in particular, is manifest:
for suits fo occasioned by offences, suits for the prosecution
of crimes, are suits.

His interest in this respect however his interest is not uniform
and absolute. His interest is derived from, and proportioned to
not to the quantity of mischief produced by the commission of them,
but to the quantity of profit extractible from the prosecution
of them. In a general way of speaking, it is true to say that it is his interest that as many
of them crimes as possible be committed, because the more are comes greater
the aggregate number of those that are committed, the greater will naturally be the
number of those that are prosecuted. But in the commission of those of which of such be of which it is
certain that they neither will
be prosecuted, nor be productive
of others that will be prosecuted,
he has no interest.

So If thus there be any crimes or other offences, from the prosecution
of which no profit is extractible by him, neither from the
defendants side of the cause, nor yet from that of the prosecutor,
in the multiplication of crimes and other offences of this description
he has no interest.

A man of law is a man. In From this character he derives
a general interest, opposite to the special interest on this ground which belongs
to him in the character of a man of law. As a man his
interest requires that as few crimes be committed, the number of crimes committed be as small as a man
of law that as many be committed it be as great as possible.

In the commission of offences From crimes which are not prosecuted, from crimes of offences the prosecution
of which if such there be affords him no profit, he has no not in the character of a man of law any interest: in those cases,
in so far as they can be distinguished from the rest, the interest that belongs
to him in the character of a man, being unballanced will be sure to turn dominate
the scale.

In the commission of offences which afford but a half-profit, profit
on the prosecution of them not being extractible but from one side, in his character of man of law he will have
as it were but a half-interest.

Identifier: | JB/058/326/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-04-11	Marginal Summary Numbering	4, 4a
Box	058	Main Headings	evidence
Folio number	326	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d8 / e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18995
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