JB/068/176/001

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1826. July 11.
Penal Code.
2
States of the Mind
2
§. 1. Results announced. II In case of temerity
or negligence abatement
of punishments
III 1 Evil of 2d order
less
2 Evil of unintentional
3 Intention divided
& indiscriminating
4 Punishment
deficient or excessive

II In the case of temerity or negligence, abatement
of punishment on a scale commencing at full punishment
and ending at impunity, is capable of being indicated
by the following considerations.

1. The mischief of the second order will always be less,
and may even be an evanescent quantity.

2. The mischief is completely unintentional, as to the evil
ultimate result: except in the case where, with regard
to divers ultimate results, it is divided and indiscriminate.

3. Except where with reference to the evil ultimate result,
the intention is divided and indiscriminating, that result
being one of divers branches, issuing together from the immediate
act, it is altogether without determinate motive, or
without any such motive as to render the mischief of the
second order considerate.

4. Either all punishment will be inoperative, and thence
inefficacious; or no strongly operating having
place, punishment more or less short of full punishment
will suffice.

III
In case of blameless
error no punishment
reasons
1 Evil of 2d order none
2 Punishment inoperative

III. In the case of blameless error, absolute impunity,
is indicated by the following considerations.

1. Mischief of the second order, none.

2. Punishment certainly inoperative.

In this case, however, compensational responsibility — subjection
to the burthen of compensation for the
evil, to an amount more or less considerable, according
to circumstances, is suggested by the following considerations.

1. By the supposition, no blame whatsoever attaches
to the party suffering — to him who, in case of wrongs
would have been the wrongee.

2. As to claim of exemption from the burthen of
compensation — the author of the suffering is therefore
no more than upon a par with the party suffering.

3. Of

Identifier: | JB/068/176/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-07-11	Marginal Summary Numbering	not numbered
Box	068	Main Headings	penal code
Folio number	176	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22371
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