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1831 Sept. 15< | <head>1831 Sept. 15</head> | ||
<head>Constitutional Code</head> | |||
<p><note>Ch. XXX Justice Minister<lb/>§. 5. Dispunitive function<lb/>14 continued.</note><lb/>Art. 15. <add>Mind now the practical consequences</add> When such is the practice, the existence of it constitutes<lb/>a sort of apparent and virtual law which makes itself<lb/><note>4. This practice, when<lb/>known, operates as a<lb/>premium on crimes.<lb/>"I will get men to<lb/>"join with me" (says a<lb/>man to himself:) <del>the</del> mine<lb/>shall be the whole profit<lb/>of the offence; theirs the<lb/>punishment</note><lb/>known to the fraternity of criminals of all sorts. It thus<lb/>operates as a premium, as an encouragement, to all crimes<lb/>to which it applies still. A man says to himself — "I will<lb/>"get men to join with me in the commission of this crime.<lb/>"I will make to myself all the <hi rend="underline">benefit</hi> of it <hi rend="underline"></hi> and, <del><gap/></del> by<lb/>"information given to the judicial authority, I will impose<lb/> upon them the whole <add>burthen</add> of the punishment.</p> | |||
<p><note>5. Suppose a pecuniary<lb/>premium added, payable<lb/>on conviction: here is<lb/>encouragement <del><gap/></del><lb/>offered by authority;<lb/>1 <gap/> for the crime:<lb/>2. for mendacious<lb/>evidence.<lb/></note><lb/>What if, to this encouragement <add>in this shape</add> be added, under<lb/>the express name of <add>a</add> reward, a pecuniary donation: the<lb/>payment of it <del>being</del> having for a condition the conviction<lb/>of the co-delinquent in question? Then there is <del>a</del> encouragement<lb/> offered by authority — offered, according to law —<lb/>far too <add>atrocious and</add> distant <del><add>and atrocious</add></del> though so intimately connected, crimes:<lb/>in the first place the <add>principal</add> crime in question; in the next<lb/>place, [<del><gap/></del> <add>the utterance of</add> any such mendacious evidence, <add><gap/> it may</add> <del>as</del> may have<lb/>presented itself as necessary <del>to the</del> or conducive to the obtainment<lb/> of the reward.</p> | |||
<p><note>6. <gap/>, still is<lb/>vigour in this practice:<lb/>thanks to the Judges by<lb/>whom, through connivance<lb/>of the Legislature, legislative<lb/> power has been usurped.<lb/>To defendant, questions<lb/>by which exculpative evidence<lb/>might be elicited, must<lb/>not be put. Why? because<lb/>it would be unpleasant to<lb/>him: a reason, by which,<lb/>if applied all punishment<lb/>would be abolished. - impunity <gap/> to all crimes.</note><lb/><del>Thus absurd and maleficent</del> Under English<lb/>Law, thanks to the <add><gap/></add> <gap/>, of the usurpers of the power of<lb/>legislation the upper rank of the Judicial functionaries —<lb/>the <gap/> <add><gap/></add> succedaneum to law, by which <del><gap/></del> so <gap/> a<lb/>portion of the field of legislation <add>is covered</add> being of their formation,<lb/>the practice is still in vigour. To the <del><gap/></del> defendant<lb/>himself, <add>an <del>the</del> interrogator,</add> the effect of which might, by means of his <gap/>-<lb/>-<gap/> evidence, his evasions, or his silence be to <gap/><lb/>demonstration of his guilt, <add>is not</add> suffered to be put. <del>to him.</del><lb/>Why? because <add>forsooth the taking of</add> <del><gap/></del> any one of their crimes would not<lb/>be pleasant: <del>to have</del> a reason which if admitted to <gap/><lb/>determination to be the conduct of the legislator would have the<lb/>effect of giving impunity<lb/>to every malefactor, and<lb/><sic>compleat</sic> license to every<lb/>crime.<lb/>Pleasing to him? No<lb/>assuredly it will not be<lb/>if he is guilty: but less assuredly it would<lb/>be, if he is innocent.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1831 Sept. 15 Constitutional Code
Ch. XXX Justice Minister
§. 5. Dispunitive function
14 continued.
Art. 15. Mind now the practical consequences When such is the practice, the existence of it constitutes
a sort of apparent and virtual law which makes itself
4. This practice, when
known, operates as a
premium on crimes.
"I will get men to
"join with me" (says a
man to himself:) the mine
shall be the whole profit
of the offence; theirs the
punishment
known to the fraternity of criminals of all sorts. It thus
operates as a premium, as an encouragement, to all crimes
to which it applies still. A man says to himself — "I will
"get men to join with me in the commission of this crime.
"I will make to myself all the benefit of it and, by
"information given to the judicial authority, I will impose
upon them the whole burthen of the punishment.
5. Suppose a pecuniary
premium added, payable
on conviction: here is
encouragement
offered by authority;
1 for the crime:
2. for mendacious
evidence.
What if, to this encouragement in this shape be added, under
the express name of a reward, a pecuniary donation: the
payment of it being having for a condition the conviction
of the co-delinquent in question? Then there is a encouragement
offered by authority — offered, according to law —
far too atrocious and distant and atrocious though so intimately connected, crimes:
in the first place the principal crime in question; in the next
place, [ the utterance of any such mendacious evidence, it may as may have
presented itself as necessary to the or conducive to the obtainment
of the reward.
6. , still is
vigour in this practice:
thanks to the Judges by
whom, through connivance
of the Legislature, legislative
power has been usurped.
To defendant, questions
by which exculpative evidence
might be elicited, must
not be put. Why? because
it would be unpleasant to
him: a reason, by which,
if applied all punishment
would be abolished. - impunity to all crimes.
Thus absurd and maleficent Under English
Law, thanks to the , of the usurpers of the power of
legislation the upper rank of the Judicial functionaries —
the succedaneum to law, by which so a
portion of the field of legislation is covered being of their formation,
the practice is still in vigour. To the defendant
himself, an the interrogator, the effect of which might, by means of his -
- evidence, his evasions, or his silence be to
demonstration of his guilt, is not suffered to be put. to him.
Why? because forsooth the taking of any one of their crimes would not
be pleasant: to have a reason which if admitted to
determination to be the conduct of the legislator would have the
effect of giving impunity
to every malefactor, and
compleat license to every
crime.
Pleasing to him? No
assuredly it will not be
if he is guilty: but less assuredly it would
be, if he is innocent.
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Identifier: | JB/041/486/001"JB/" can not be assigned to a declared number type with value 41. |
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1831-09-15 |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
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STREET & Co 1830 |
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Antonio Alcala Galiano |
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