JB/116/043/001

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16 Nov 1802 Letter 3

The estimate of the pernicious effects of capital punishment would
be incompleat indeed if it were supposed to be confined
to that the particular cases in part of the legal code to which that punishment
is annexed employ'd. To this more than perhaps to all other causes
put together — to the silent and unperceived influence of this
punishment upon susceptible minds that we are indebted
for all these human but promiscuous and vulgar errors and
maxims and propensities on the part of the fathers of our jurisprudence by which the certainty of punishment
has been enfeebled weakened on the side of certainty, and its
influence on the guilty minds minds of delinquents rendered paralyzed
and rendered inefficient: <add>1 Ask why so many</add> all their rules of evidence which
were but receipts for avoiding to find this trouble when from the
execution of the law upon evil doers is the point it leads to?
is to be the consequence of it - all those sources
of by which the guilty are let free which are
so many sources of triumph to the guilty and disappointment oppression
and forth <add> injury</add> to the innocent and the injured. [+ wherefore it is
+2. Ask why it is the not propensity and that only the propensity but the supposed and the praise of every man all men each in his option to frustrate and to render fruitless the exertions and frustrate the solemnity distant will of those when wills are supposed to include the wills of all men to break the promises to render impotent the threats proclaimed by the legislators
become the business and the glory of the Judges to undo
the work which has cost so much trouble to the legislator
to hold up the laws to derision to set an example
of that which he would be the first to punish
in other men? — in favorius vitro is explicitly or with or without
his inexplicably the excuse.
3. Why it is become a matter of most in on the first of our regard or individuals to public spirited individual to shrink from the touch to forbear to prosecute of , or to throw it up when taken in hand: -- on the part of the Juryman be made his contempt of the laws and of his by what has been called a perjury: on the part of the Judge instead of a upon the Juryman to be his and instigator in the commission of this course or that

What is to the body natural politic capital
punishment may be to be to the body natural,
a source cause of apparent strength vigor and perhaps temporary
vigor a source of and not weakness and disease. debility
and impotence.

Identifier: | JB/116/043/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-11-16	Marginal Summary Numbering
Box	116	Main Headings	panopticon versus new south wales
Folio number	043	Info in main headings field	letter 3d
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / f88
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	37576
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