JB/141/015/002

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11
B.1 Ch.5
Measure.

with which the attempt would be accompanied?
But so long as the chances of impunity are such
as they can have hitherto been under every
age system of criminal procedure, the magnitude
of the punishment must be encreased to counteract
the vile debilitating effects of want of certainty.*

What is clear then is that the greater the more certainty
degree of certainty that is given to the infliction the punishment is inflicted,
of punishment the less will the it be required to be the point of magnitude.
required for it. This one is one of the advantages Among other advantages this is one that
would result from a more perfect system of
criminal legislation, and a well contrived
system of procedure.

4th The apparent pofit of the crime is very It is not less necessary to encrease the value of the punishment
to compensate for its want of proximity. As for
oft often immediate: the pain of the punishment
is necessarily distant. Now by being distant,
although it were certain, it is of less value and
acts with less force. Therefore –

Rule 4th. The punishment must be as much
greater (in point of severity) than the profit of the
crime as is necessary to make up the deficiency
of the former in point of propinquity. As for ex
example of the profit of the crime amount to £20
& the punishment does not follow till half a
year afterwards let the profit that might have arisen
from the use of the money for that period be
added to the amount of the punishment.

Note

* In this country the if any can proportion can with truth be said to exist a
most unnecessary unnatural standard of proportion from which to for reckoning pro has gradually
been established. It is not the magnitude of the
offence by which the amount of the punishment is
determined but by the greater or less chance of of its infliction.

Identifier: | JB/141/015/002 "JB/" can not be assigned to a declared number type with value 141.
Date_1		Marginal Summary Numbering
Box	141	Main Headings	rationale of punishment
Folio number	015	Info in main headings field
Image	002	Titles	rule 10
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f13 / f11
Penner	richard smith	Watermarks	[[watermarks::[britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	48232
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