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Panopticon Bill Escape
Observations
with Answers
2. As to the discretion left to the Prosecutor.
This is no more than
The use of this is to put it into the power of
the Governor to soften the punishment in the case
where he is satisfied the negligence has been real
and not affected: or where though affected, the danger
from it does not appear to have been great: inasmuch
as notwithstanding the treachery or gross negligence of one such Guard could would
do nothing without be insufficient to produce the apprehended
mischief without similar misbehaviour delinquency
on the part of others.
A punishment short of the above seemed inadequate
to the purpose: and the necessity of applying
it in its utmost extent in such instance seemed to turn upon such nice
considerations and so much out of the reach of legal
evidence, that I know not where in what hands to lodge it with
safety to the establishment and to the country other than
those of the Governor. His interest let it be observed
is as perfectly combined with that of the Country at
large as that of the Judge or Jury can be. He can
have no temptation to abuse the power on the side of
lenity, since the escape of the Prisoners would be
his ruin: nor on the side of severity by refraining
through p (on account of a preceding grudge borne to the offender)
to prosecute for the lesser punishment in preference to
the greater, since if he had had any such grudge a sure
and lawful way of exercising it would have been to turn the
man out of his place. It is impossible therefore from the
nature
Identifier: | JB/124/028/001 "JB/" can not be assigned to a declared number type with value 124.
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124 |
panopticon |
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028 |
panopticon bill |
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001 |
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text sheet |
3 |
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recto |
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jeremy bentham |
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41717 |
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