JB/143/024/004

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Of Punishments In General.

—nor change in point of quality

The Judge cannot enhance the quality of the punishment. He cannot change any part of the punishment, appointed by the Law into a punishment of any other kind unless by the petition of the offender.

Punishment depends not.No Punishment shall depend upon the representatives
of the offender; not even pecuniary punishment any farther than as it is effected by the obligation of yielding Compensation.

But the Obligation of refunding doesBut the obligation of refunding the profit of the offence shall depend upon his representatives, even where there has been no individual injured by the offence; as in the case of bribery or public peculation.

In settling the quantum of Punishment slight proof may be received to enhance the quantum of the damage.In offences against property, if the substance of the offence
be clearly proved, slight presumption may be taken for sufficient proof with regard to the quantum of the damage.

Note.
not authorize him to diminish it. The punishment cannot be a little less than the strict letter of the Law prescribes; but it may be even so much more. I am astonished how such a provision could have found its way into a Code which is in many accounts so estimable. It is only so much of the Law as appears that can have any effect. The business is to make a punishment as terrible as possible; to make it seem worse than it is; not make it be worse than it seems. In point of example it is only by what it seems to be, that it does good; punishment taken by itself is nothing but a mischief.

Identifier: | JB/143/024/004 "JB/" can not be assigned to a declared number type with value 143.
Date_1		Marginal Summary Numbering	1-16
Box	143	Main Headings	punishment
Folio number	024	Info in main headings field	of punishments in general
Image	004	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner		Watermarks	[[watermarks::myears [lion with crown motif]]]
Marginals		Paper Producer	caroline fox
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	48657
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