JB/072/088/004

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4 12 C Breaches of Public Trust

power of pardoning from the sovereign

— Which should be extendible to any other offices Nor is it enough that the Judge have the
power of removing him from the individual trust
which he has broken or abused. The mischief wound
would still be given to justice would be still the same if immediately upon
the judgment of emotion or apparently in consequence
of it he were to be placed in another
office equally desirable. The punishment would by
that means be render'd ineffectual on the same in the way of
determent. example to others It would also be render'd ineffectual in the
way of disablement with regard to the offender himself if the new office he was placed
in were of a sort which afforded him the
same opportunities and the same incitements to
do mischief. The Judge therefore to whom alone
it belongs to determine whether with regard to any
office this be the case, ought in order to have
his hands sufficiently at liberty to have the
option of extending the incapacity to all or any
offices, such excepted as for particular local and
reasons it might be thought proper to except.

But need not be perpetual It is to be observed on the other hand that there
is nothing in the nature of things which makes renders it
necessary for the Legislator to make the incapacity perpetual:
nor even in all cases to entrust the power of
rend making it perpetual to the Judge. The duration
of it may be limited just as like that of any other mode of punishment.

Identifier: | JB/072/088/004 "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	004	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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