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INSANITY ||o., Anderson. p.107 No 154.

any information in the exhibition would render it ineffectual, there is can be as greater
danger on that score: and accordingly tho' the Law on this behalf coinciding following in the with
the property train of popular sentiment is universally recognized apprehended, I never believe <add>cannot find any there scarce
instance of an attempt, much less of a successful one
ever was an instance, at least a successful one, to elude justice in this manner.

If it be a counterfeit be suspected, a
Jury is to would probably be impanelled to try that
simple question A. P.G. 34 || with analogy to
the method of proceeding where
identity is to be proved after
an escape. The Author of
the Commentaries says, "this shall
be tried by a Jury" - but he
does not with any authority.
There certainly is no statute relative
to it; nor decision or note of practice that I
can find.

There is yet another reason why punishment in this 2d case is improper
but it is a reason which strictly speaking does not apply to the exempting [of]
person from punishment who has been recognized to have done the obnoxious act
the case all along supposed in every other head class <add> topic of exemption: but why to the
shewing that in fact he never can have been duly recognized to have done it

For at whatever stage of the proceedings this calamity comes upon a man, it is
it incapacitates him from providing for his Defence under which without the capacity of which circumstance it
must be laid down as a general Rule that no proof can be complete: But
after judgment pronounced this if reason fails+: unless it should be said the application for Pardon
can be considered as part of the defence: on Idea which can hardly be
rejected while the imperfections of the Criminal Law make Pardons so frequent
and so expedient.

+ Qu. however a Writ of Error
or Arrest of Judgment

As to the third case it is self-evident that the reason propriety for of exemption there
is established by the reasons for it in both the two.

Thus so much for the general principles upon which the exemption from punishment
in the case if Insanity is founded; to pursue them to any further degree of
would be tedious, and may well be spar'd in a subject the consideration
of which has occurred and behoves in future to occur so rarely.

Upon the whole then we see reason to be perfectly well satisfied with the
severaldoctrine of the English Law on this head, as summed up in the maxim above
quoted; the principles by which that doctrine has been governed, tho' not subordinate originating <add> from
to, have in this instance, having eventually coincided with that of general utility.

Identifier: | JB/063/150/002
"JB/" can not be assigned to a declared number type with value 63.


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law in general

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jeremy bentham


[[watermarks::[gr with crown motif] [britannia with shield motif]]]


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