JB/063/105/002

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Offenders Principal & Accessory. ACCOMPLICES. 2

Accomplices in Misdemeanours
v.2. Burn. 248

Limits of the doctrine of Accomplices.

The comprehension of Accomplices may [instigating at least] stop at that Class where responsibility
begins — Here reparation or compensation takes place, as well as prevention and when that is the
case it is not necessary to make a severe scrutiny of offenders when a Crime can be made as if
it had never been.

Marquis Beccaria's Idea reprobated — for

Striking at the Principal Instigating Accessory is striking at the Root — If you prevent deter one or
two from being Principals or assisting Accessories by the excess of punishment you do nothing unless you deter all
mankind: but if you deter the instigating Accessory you stop the Crime at once.
Another & no inconsiderable advantage is abolishing exterpating these distinctions, is that the language concerning
them is one of those numerous many parts of language which Lawyers have poisoned, so
as to render them no longer fit for use — — I shall give but two examples
which for ought I know may be all, but which, if all, are abundantly sufficient by spreading all over the
enough as of itself
to produce the happy effect of rendering it a vain task for any plain
man to attempt to understand it.

The Indictment to be so framed as
that if it be found that the shares
taken were vice versa as or to those assigned by the
Indictment, good.

Accessory after fact — odious — witness
Lady Lede's case. which was not
wrong suppose the law in this behalf
to be expedient. Yet her Attainder
revered by Act of Parlt which shows
their sense of it.

In the first place, if a Man hires a second to murther a third, & a
fourth stands is stationed at two miles distance to forward the enterprize, this fourth is
a principal, but the first is only an Accessory.

In the second place, he who is two miles off, is present in Law: in the this
"Eye of the Law" (as a learned Judge calls it after other learned Judges +) + Foster 350 which has
the property of distorting every object it fastens upon. from which we learn that
in Law there are two sorts of presence — the one where a man is not present
the other where he is.

The way in which a man would translate this into common sense if; "A person
may be aiding, or (if he had keep too rigorous an eye on the etymology latin of the
Term he would rather say] assisting to a crime in two ways — He may either
be present, as to oppose succour on the spot; from within or he may be stationed at a distance
as to oppose succour from a without distance.

OFFENDERS Principal & Accessory. Limits of the topic [BR][1][ ] Accessories to be punished as Principals — simplicity defence.

Identifier: | JB/063/105/002 "JB/" can not be assigned to a declared number type with value 63.
Date_1		Marginal Summary Numbering
Box	063	Main Headings	law in general
Folio number	105	Info in main headings field	offences in general accomplices or offenders princ. and accessy
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	/ c1
Penner	jeremy bentham	Watermarks	[[watermarks::j honig & zoonen [partial lion with vryheyt motif]]]
Marginals		Paper Producer	cc1
Corrections		Paper Produced in Year
Notes public		ID Number	20294
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