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C Of circumstances influencing the demand for punishment
1
There are four five ways in which a circumstance
may have an influence in any case on the of demand for
1 Criminative circumstances
any act punishment. 1. by being one of a certain number
of circumstances which must all concur before
the consequences of the act can involve any that degree
of mischief to which it is thought fit <add>right to answer the punishment in question.</add> These may be termed criminative
circumstances, or circumstances constitutive
of the offence. If any of them be wanting, the Without these punishment in question or a part of it is groundless. To p. 4. at top
From p. 4. No 1
3. By taking away or outweighing(a) the adding to the neat amount of the mischief
2 Circumstances of aggravation justification
of an act which otherwise would upon the whole be already mischievous. These may
be termed justificative or exculpative circumstances; circumstances or grounds circumstances of aggravation justification
or exculpation.
4. By adding to the mischief of an act already subtracting in part from that amount
Circumstances of aggravation causation
mischievous. These may be termed aggravating circumstances; circumstances or aggravation of extenuation
or grounds of aggravation.
5. By subtracting from the mischi (a) neat amount taking it away altogether: these may
Circumstances of extenuation justification
of the mischief of an act which at any rate
be termed circumstances of justification.
is mischievous. These may be termed extenuative circumstances:
circumstances or grounds of aggra extenuation.] To p. 4
NOTE.
(a) It is to be observed that the
The neat amount of the mischief produced
by any offence may be subtracted from or taken
away in either of two ways: 1. by subtracting
from or taking away the mischief of the offence: 2dly
by overbalancing it by some greater degree of good.
Identifier: | JB/098/004/001 "JB/" can not be assigned to a declared number type with value 98.
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098 |
penal code |
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004 |
of circumstances influencing the demand for punishment |
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text sheet |
4 |
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recto |
[[page_numbering::f[1] / f2 / f3 / f4]] |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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31612 |
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