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1827 May 14
Penal CodePlan of the work
§. 1 Offences collectively
§ 2) States of the offence as to compleatness
5. States or say stages of the offence in respect of compleatness.
Distinction from the source.
Offences taken in the aggregate, into Offences inchoate and consummate.
Offences inchoate, into 1. preparations; 2. attempts.
Different states of mind distinguishable by so many correspondent
generical appellations applicable alike to most if not all
genera and species of offence are 1. Preparation. 2. Attempt. 3. Consummation
Specifically considered, of those different genera of acts look
the description will be different in an indefinite degree diversified according to the nature of the
genus. Witness for example the offence which may be termed
contrabandism of which that denominated designated in English by the
word smuggling is in some degree but not in an adequate
degree synonymous. In this instance the extent of the genus offence
and the diversification of which in those its several stages the
genus of offence is susceptible, are maximized at a maximum.
Uses of the matter belonging to this head.
The denomination being in most instances from the deduced from the contemplation of the offence in its state of consummation.
1. Thereunto to Reminding the legislator to look out in the case of each
denomination of offence to look out for the several diversifications
of which the act of preparation, and the attempt are
susceptible. The greater the number of them, the greater the number
of those of which are ad a description is capable of being given,
adequate the purpose of inhibition, and thence of application to the mode of the
several applicable remedies.
2. Indication given of the demand for partial remission of the punishment
in the where the case falls short of amounting to consummation
still more where it falls short of amounting to an attempt.
Reason 1. evil of the second order less and less. 2. By the reduction
of in the punishment to the reduction in the evil of the
offence, an inducement is afforded for desistment, for stopping
at the attempt or at the preparation instead of going on to proceeding toward consummation.
Identifier: | JB/067/175/001 "JB/" can not be assigned to a declared number type with value 67.
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1827-05-14 |
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jeremy bentham |
j whatman turkey mill 1826 |
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jonathan blenman |
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1826 |
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22008 |
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