JB/072/088/002

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2 10 C Breaches of Public Trust

of prosecuting: since by prosecuting, a man must
risk much, without the hope of gaining.

Quest. Why it will often be too severe?

It may sometimes be too much. 2. It will sometimes also be needless. To judge
whether it is necessary, the way is to compute in money the
value of offender's interest in the office, and then consider whether
it would be necessary to punish him by a impose subject him to so
fine high a fine. as the payment of so much
money. Perhaps the office is all he has to live
upon. Is it necessary in the case of in question
to deprive him of his livelyhood altogether? would
not a less punishment be enough addition in point of magnitude be
enough to make up what the punishment wants
in point of certainty? of being in order to be upon
a par with the profit of the offence? If the
answer be in the negative such forfeiture is no more <add>than a proper</add> right:
punishment: but if in the affirmative, it is an improper one.
Every breach of trust ought certainly to be punished:
but it is not every breach of trust that ought to be
punished with utter ruin.

Forfeiture should be accompaniable by incapacity It ought also to be observed on the other hand that bare
forfeiture may often amount to nothing without unless
it be accompanied by incapacity. This must always
be the case where there is an understanding between
the offender and the person or persons who have

Identifier: | JB/072/088/002 "JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering	not numbered
Box	072	Main Headings	penal code
Folio number	088	Info in main headings field	breach of trust
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f9 / f10 / f11 / f12
Penner	jeremy bentham	Watermarks	[[watermarks::myears [britannia with shield emblem]]]
Marginals	jeremy bentham	Paper Producer	caroline fox
Corrections		Paper Produced in Year
Notes public		ID Number	23705
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