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28 C
Of Co-offenders Reasons
who first forms the design of committing the offence, still the
design is not for a certainty put an end Although
the punishment should have the effect of deterring any
person to whom the prime mover may have addressed
himself from engaging in the enterprize, still the design
is not entirely put an end to: for he may address
himself to another, and so on, and if one will not
another may. Should it even succeed so far as to
deter all persons whatever from lending their assistance,
it is not for a certainty put an end to even then.
For he who formed the design, sooner than not have it executed
at all, may execute it himself On the other hand, if he in whose breast it first originated
is deterred from prosecuting it, it is then
put an end to altogether. Attacking the mischief in the
bosom of him who first conceiving conceived it, is according
to the common phrase, nipping it in the bud.
It therefore seems to be better worth while to be at an
extraordinary expence in the way of punishment in
the view of restraining the prime mover, than in the
view of restraining any subsequent person who may
fall into the temptation of engaging in the offence.
3. Because it is of less difficult to distinguish the prime mover from the rest than the rest from one another.
It should seem therefore that the opinion of those authors who
have recommended the punishing the perpetrator
more severely than the instigator prime mover, is not
warranted by the dictates of utility. What seems to makes such a
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Identifier: | JB/098/028/002 "JB/" can not be assigned to a declared number type with value 98.
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50 |
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098 |
penal code |
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028 |
of co-offenders |
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002 |
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text sheet |
4 |
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recto |
f27 / f28 / f29 / f30 |
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jeremy bentham |
[[watermarks::[monogram] propatria [britannia with shield emblem]]] |
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31636 |
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