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19 June 1805
Evidence
As At the very earliest stage of the cause just at the very
same stage in which the like effect would take place under the
natural and does actually take place under the existing Summary mode course
of procedure, the defendant, along with and his prosecutor, and such
witnesses or other witnesses if any, as happen to be at hand forthcoming, are
introduced together into the presence of a Judge. Each accordingly at
that preparatory meeting called the examination, each has the liberty of putting questions to each, the Judge
to both or either: the for the maxim which leaves it to the choice
of the defendant whether he will give an answer, does is not in that
stage at least, understood to then destroy altogether, howsoever it
may impede the liberty of questioning putting questions.
Moreover, by one means or other indeed or rather to give the short
account of it, by so simple a means as the forbearing to extend
the art of making business to a case in which there is nothing
to be got by making it quick work, quick by comparison
at least is made in the case of felonies: so quick, that instances have not been wanting, in what the
three felonies inquiries, 1st (two of which them it will be seen soon
what worse than useless,)† † Securities which take place of course in prosecutions
for felony, have been all compressed and the compress of one day.
True it is, that the notwithstanding this accidental casual dispatch, the
mean duration of a prosecution for felony is in the greater part
of England 3 months; in some parts in which the suffering
of the individual and the prompt execution of the law is doubtless in the eye
of the law of less moment, six months.(a) (a) These numbers are mathematically correct: or will be found by whoever considers
that in some parts of England the Circuit Court is held but once in
year, in others twelvemonth in most parts six months. In London and Middlesex, the
months are reduced to weeks. But in those three months, and
those six months, after deduction of that for which in favourable circumstances
a part of a day is sufficient, nothing at all is done,⊞ ⊞ setting out of laying out of the
on account that corruption
of mind and
body and mnd, which
is not worth thinking
about. Of that
sort of business, of which the making of which in a case where however which instead of life, a few pounds or
a few shillings are at stake business is so necessary to be made,
nothing none is made here, because here, as before observed nothing is to be got by making it.⊞2 ⊞2 If So that before the whole business
if the time in which nothing no business
is done but the work of corruption
is rather of the longest, the time
in which any business is
done is short in this branch
of the technical procedure; viz.
not many times as long as that
which the business of the same case would
have occupied in the natural mode.
Identifier: | JB/058/392/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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