JB/141/075/002

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Imprisonment ex'd

3. In respecting equability this mode of punishment
is evidently very defective. In order to be satisfied
of this it will be necessary only to b examine
the list of privations with which it is accompanied.
the inequality is at the highest poi pitch in
the case of the feeble & of the robust – for the
father of a family & he who is a man destitute of
connections – for the rich man accustomed to
all the enjoyments of society & for the man
whose estate was is a stranger to any other condition
than that of extreme misery.

Some persons may be totally deprived of their
livelyhood by imprisonment, while many others
may be very little affected by it. If the loss of livelyhood
be only temporary it may be considered operates as a fine
which to such an amount forming part of the punishment. But if
his business be of such a nature that if once
suspended it is irrecoverable the imprisonment
instead of being a determinate fine may amount to
perpetual impoverishment. This is one of
the cases that ought use in which it to avoid
irreparable injury it ought to be less a discretion
a ought to be left to the Magistrate to substitute
to this punishment some other. Pecuniary
punishment is the next obvious substitute that
in the greater number of instances in which but will in most instances be found unemployable: as
improvement is inflicted it is for want it is the want of the faculty to undergo this species
of the greater partys having whence that to of punishment, that in the great majority of cases, leads
undergo that punishment to the commission of the offence for which the imprisonment is inflicted. There remain then
only simple afflictive punishments to which
in such a case recourse can be had. The degree
of infamy which attaches itself to this species of
punishment would be no decisive objection to it, if
the delinquent voluntarily chose it in preference to the
other, in which case alone the change ought to take place.

Identifier: | JB/141/075/002 "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	075	Info in main headings field
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f22 /
Penner	richard smith	Watermarks	dusautoy & rump 1809
Marginals		Paper Producer	edward collins
Corrections		Paper Produced in Year	1809
Notes public		ID Number	48292
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