JB/067/196/001

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1826. May 19.
Penal Code
1
Ch. Offences Person
§. Justifications
Justifications self preservation
5
Self preservation
Grounds for considering
it as a participation
1 Evil of the 2d order
small or none
2 Punishment seem
to be insufficient

In the case of self preservation, the difficulty
of drawing a determinate line between a case for
justification and a case for extenuation, will, in many
cases be very considerable. In the case of self
preservation, two grounds for justification concur to a considerable
extent. Reason Ground 1. Evil of the second order, small or
none. Ground 2. Punishment seem to be inefficient
The case in which these two grounds of the most determinate
and conclusive application is that of homicide.
From a man, by whom the life of another is taken
away on no other occasion than that, for on which the taking
it away was necessary to the preservation of his own,
no apprehension will naturally be entertained
by any one.

6
Exception Example
where wrong doer
puts to death a witness
who might criminate
him
add the case of an officer
of justice, or any other
person, contributing to
a to contribute to
his punishment, capability.

Exception is, the case where to preserve
himself from conviction of a criminal offence,
of an offence affecting person — say even homicide —
the offender puts to death a person from whose testimony,
in the character of a witness he apprehends
his facts. By this exception, the ground of justification
composed of self the absence of the one of the
second order is done away; for if this were allowed,
instead of confining himself to the killing of the person,
who was the immediate object of his criminal design,
whether vindictive or lucrative, after killing that person,
he will proceed to kill all other persons, who in
his view are capable of such testimony as wd
have the effect of producing his conviction.

Identifier: | JB/067/196/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1826-05-19	Marginal Summary Numbering	5-6
Box	067	Main Headings	penal code
Folio number	196	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	a1
Penner	john neal	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22029
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