JB/087/174/004

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12

Indirect Legislation

Accessory

conclusive evidence of the principal offence, they should ought
not to have treated punished thought it expedient to treat it upon the same footing: if they
had been satisfied that juries would uniformly be
of that opinion they would not have thought it necessary.
It seemed to them doubtless that They had observed probably
that in a criminal case the bias of Jurymen
unless drawn aside by
some personal or party
prejudice is always in
favour of the defendant.
For
It is the natural property of Judges who
are taken at hazard from the mixed body of the
people to be more sensible to the obvious mischief
which may result from the condemnation of a person
who by possibility may be innocent, than to the
less obvious but not more undesirable mischief
which results to the whole body of the innocent
from the acquitta discharge of one who in probability is
guilty: indeed this latter mischief seems commonly
to be regarded as nothing: so that the side which
is favourable to the defendant is looked upon not
only as the safer but as absolutely safe, and
the only one that is so.

Be this as it may it seems evident
that the countries where there is the greatest occasion
for the creation of such establishment of evidentiary offences upon
an independent footing are those in which the
abovementioned rule of evidence and the institution
of juries are established. In other countries the
same end is attained in perhaps a better manner
and may to a greater extent, by another expedient: which is
to set down the evidentiary circumstance under that
very appellation
head , leaving the inference to the discretion of the judge.
Thus In

Identifier: | JB/087/174/004 "JB/" can not be assigned to a declared number type with value 87.
Date_1		Marginal Summary Numbering
Box	087	Main Headings	indirect legislation
Folio number	174	Info in main headings field	indirect legislation
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f9 / f10 / f11 / f12
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	27699
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