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'' | <head>Feb<hi rend='superscript'>y</hi> 1809<!-- in pencil --></head> | ||
<head>Jury <gap/><!-- in pencil --></head> | |||
<head>(6)<!-- in pencil --></head> | |||
<p>If <del>it be essential</del> the production of perjury by torture<lb/> | |||
be necessary to English, at any rate it is not to British<lb/> | |||
liberties. In Scotland <add>Scotch judication</add> Jury trial, though not at present<lb/> | |||
applied to civil cases has all along been, and continues<lb/> | |||
to be applied, <add>and to an extent forming by far the largest portion of that of the field of criminal law</add> to the most important criminal cases.<lb/> | |||
<note>12 All pretended form of mischief from the <gap/> of it is proved to be groundless and insincere by its non-existence in Scotch law.<!-- in pencil --></note> In a Scotch Jury, the Jurors are allowed to be unanimous <add>maintain unanimity</add><lb/> | |||
as often as they please, but are never forced to <add>be so</add><lb/> | |||
<del>it</del>. Accordingly when <add>in the report</add> of a Scotch trial the Jurors<lb/> | |||
are stated as declaring all in one voice, the all in<lb/> | |||
one voice means something — it means what it professes<lb/> | |||
to mean: it is known when they are unanimous, and<lb/> | |||
it is <add>equally</add> known when they are not so: whereas in English<lb/> | |||
judicature when the unanimity is <add>always</add> nominal <del>not</del> <add>and only sometimes</add> real<lb/> | |||
all that <del><gap/></del> is made known concerning it by the verdict, is<lb/> | |||
that if there have been any <del>who were of a</del> <add>whose</add> opinion was<lb/> | |||
different from that expressed by the verdict, they have been<lb/> | |||
<add>so wrought upon by the <del>far</del> torture as</add> forced by the torture to disavow it.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
Feby 1809
Jury
(6)
If it be essential the production of perjury by torture
be necessary to English, at any rate it is not to British
liberties. In Scotland Scotch judication Jury trial, though not at present
applied to civil cases has all along been, and continues
to be applied, and to an extent forming by far the largest portion of that of the field of criminal law to the most important criminal cases.
12 All pretended form of mischief from the of it is proved to be groundless and insincere by its non-existence in Scotch law. In a Scotch Jury, the Jurors are allowed to be unanimous maintain unanimity
as often as they please, but are never forced to be so
it. Accordingly when in the report of a Scotch trial the Jurors
are stated as declaring all in one voice, the all in
one voice means something — it means what it professes
to mean: it is known when they are unanimous, and
it is equally known when they are not so: whereas in English
judicature when the unanimity is always nominal not and only sometimes real
all that is made known concerning it by the verdict, is
that if there have been any who were of a whose opinion was
different from that expressed by the verdict, they have been
so wrought upon by the far torture as forced by the torture to disavow it.
Identifier: | JB/035/313/001"JB/" can not be assigned to a declared number type with value 35. |
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1809 |
12 |
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035 |
constitutional code; evidence; procedure code |
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313 |
jury trial |
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001 |
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text sheet |
1 |
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recto |
c6 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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10906 |
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