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I see not why a man's sentiments on this
subject need at all be influenced by his
being a favourer or an opposer of the
ministry, an applauder or a disapprover
of the measures of the present reign.
[If] the prerogative of pardon It has never
been abused] since it came into the hands
it is in at present], if all] the complaints
we have heard upon this topic are ill-founded],
Be it so, this is no reason why we should
part with any of the checks which the
constitution has put into our hands to keep
it within the line of utility.
Delinquents have been screened Murderers
have been pardoned, without any doubt of
their guilt, having fact or any circumstances of alleviation
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in their favour. at one time
at another time
at a third
let all this be true: it still affords no
reason why an institution which some have
admire an attachment to because it is opposed to
a Prerogative, confessedly an useful one should be retained, if the
effect be nature of it be either to have no effect [upon
it for that prerogative to overthrow it.
This appears to me to be the case with
the prosecution for Appeal; which makes
the fate of a person convicted of murder
(whom in the present imperfect state of our
laws on that head, a thousand adequate reasons might
induce a many wise and humane man to wish
to save), depend, not upon the advisers
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of the crown, who in most cases that happen,
let them be ever so ill-chosen unworthy
will be indifferent, but upon the accuser
who is never is never [so]
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Our provisions on this behalf are to be modelled
upon the character not of the present
King, and his advisers but of Kings in general, that is
of human nature in the state of Royalty.
1
The fate of the party depends upon the temper
of the accuser.
2
It depends not upon the merits
3
Uncertain It might be as well determined by the casting of
a die.
4
It brings on that unseemly spectacle of a
struggle between the Judges and the Law
5
Appeals take away pardon where it is most
wanted.
6
Inconsistency that pardon should be frustrable
in causes which are party causes only be accident,
and not checked contract controul in such as are so
in their own nature — In all State-misdemesnors.
7
Gothic or not Gothic is out of the question.
8.
The only good effect — to draw the attention
of the public — v. 20.
9.
It has not been brought to effect even under the
conduct of Glynn & Herne — The very reason
why it should be abolished. + + So it was said in behalf of Informations for Libels by Dr Grey, of the extreme difficulty of bringing a criminal to Justice.
10
Enormously expensive. The expediency of inflicting
the punishment for Murder in a
given instance does not depend upon the
pecuniary ability of the accuser.
11
Obj. In party cases, i:e: in cases become
so by an apparent abuse of the prerogative,
subscriptions may take place. Answ.
Qu. whether this would not be Maintenance.
APPEAL [BR][1][ ]
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Identifier: | JB/096/248/001 "JB/" can not be assigned to a declared number type with value 96.
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jeremy bentham |
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