JB/067/328/001

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1826. May 17.
1. Penal Code. Ch. VI. Offences affectg use of prop.
§. 10. Stealing

In regard to the offence of Stealing

In some divers codes, but in the English codes more
particularly, a practice has hitherto prevailed
of establishing an indeterminable number of diversifications,
in respect of the punishment, followed in some
codes by corresponding ones in the mode of prosecution.
— =The scale of punishment rising from impunity to
death. The principle in so far as anything in
the shape of reason or principle has found admittance
into the thoughts of the legislator seems to have been
this. In some of these cases facility of stealing—
the probability of escaping from detection and thence
from punishment receives from some of these
circumstances an increase; but, in the eyes of the person
under temptation the less the probability of his
incurring the punishment the less effective will be
the influence of the apprehension of it, unless by
some means or other a supply be provided for
the deficiency. Sole instrument of supply in this
case, increase in the magnitude of the punishment:
for as to any increase by means of information
or in the modes of prosecution or in the laws of
evidence — that is what cannot be thought of the law
being in a scale of perfection it is supposed in
both those respects, and it would remain to be shown, how if in either of these
cases any were advisable, it should not be
equally so in every other.

Identifier: | JB/067/328/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1826-05-17	Marginal Summary Numbering
Box	067	Main Headings	penal code
Folio number	328	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
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22161
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