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'' | <head>27 May 1808</head> | ||
<p>I will get myself put upon the Jury — I will go<lb/> | |||
with my comrades into the withdrawing chamber, and then be the evidence what it will <add>may,</add> they shall stay,<lb/> | |||
till <del>they have answered</del> <add>I have brought</add> men to <sic>concurr</sic> with me in<lb/> | |||
a verdict of <hi rend='underline'>not guilty</hi>. - and so says the story he<lb/> died: the particulars being afterwards confessed by him on<lb/> his death-bed. <lb/></p> | |||
<p>Supposing this true, what does it prove? - that<lb/> when a man is determined upon it, it is in his power<lb/> | |||
to make his way into the Jury-box: and when<lb/> he is there, that it is in the power of any man who<lb/> in any shape is actuated by a strong interest to<lb/> command the <gap/> of eleven men who by the <gap/><lb/> | |||
are without interest, needs no proof.</p> | |||
<p>In this state of things, verdicts contrary to the<lb/> | |||
clearest evidence <add>neither naturally can be nor actually are infrequent</add> are not infrequent: indeed so far are<lb/> | |||
<add>they</add> from being so, that when they do <sic>occurr</sic>, no mention is<lb/> | |||
produced by them.<lb/> How should it be? The very object<lb/> of the arraignment is to produce perjury: in the effect<lb/> what is there that should <unclear>call</unclear> <gap/>? </p> | |||
<p><!-- indent --> | |||
In cases not penal the mischief is not<lb/> | |||
altogether without remedy. For when purse and perseverance<lb/> | |||
suffice to demand it, new trial is sometimes<lb/> granted.</p> | |||
<p>But in <add>penal</add>cases and especially in capital<lb/> new trial is either altogether unobtainable, <add>unexampled<add> prohibited by practice</add></add> or extremely<lb/> | |||
rare. <del>False <unclear>ju</unclear> verdict</del> <add>To the prejudice of the defendants</add> side false<lb/> verdict might find a remedy, <add>is capable of finding a cure</add> or at least a palliative<lb/> in pardon: but to the prejudice of the plaintiff's<lb/> | |||
side, that is to the prejudice of public security, <add>violent and false</add> false<lb/> <del>a</del> | |||
<sic>judgment</sic> are altogether without remedy.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
27 May 1808
I will get myself put upon the Jury — I will go
with my comrades into the withdrawing chamber, and then be the evidence what it will may, they shall stay,
till they have answered I have brought men to concurr with me in
a verdict of not guilty. - and so says the story he
died: the particulars being afterwards confessed by him on
his death-bed.
Supposing this true, what does it prove? - that
when a man is determined upon it, it is in his power
to make his way into the Jury-box: and when
he is there, that it is in the power of any man who
in any shape is actuated by a strong interest to
command the of eleven men who by the
are without interest, needs no proof.
In this state of things, verdicts contrary to the
clearest evidence neither naturally can be nor actually are infrequent are not infrequent: indeed so far are
they from being so, that when they do occurr, no mention is
produced by them.
How should it be? The very object
of the arraignment is to produce perjury: in the effect
what is there that should call ?
In cases not penal the mischief is not
altogether without remedy. For when purse and perseverance
suffice to demand it, new trial is sometimes
granted.
But in penalcases and especially in capital
new trial is either altogether unobtainable, unexampled<add> prohibited by practice</add> or extremely
rare. False ju verdict To the prejudice of the defendants side false
verdict might find a remedy, is capable of finding a cure or at least a palliative
in pardon: but to the prejudice of the plaintiff's
side, that is to the prejudice of public security, violent and false false
a
judgment are altogether without remedy.
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Identifier: | JB/035/173/001"JB/" can not be assigned to a declared number type with value 35. |
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1808-05-27 |
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035 |
constitutional code; evidence; procedure code |
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173 |
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001 |
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text sheet |
1 |
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recto |
d5 / e5 |
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jeremy bentham |
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10766 |
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