JB/050/102/001

Click Here To Edit

CERTAINTY. PUBLIC PROSECUTOR. RELUCTANCE to prosecute

An instance of the great utility of such an office may be seen in the article of
Extortion.+ + v.2d 210

It is certain that if an Officer take a fee of 5d form a man which is not due
it is that man is at his ease part with that mans it is not worth his while, if he is poor to a certain degree+ + viz. that to which 9/10 of the people are poor to a certain degree it is important
to be at the expense of 8 or 10 £ to indict him to say nothing of the trouble
the inconvenience disagreeableness of being keeping<add>putting him upon in a state of professed hastily, and making certainly an
very probably a powerful oppressor.

It is possible, in this latter case indeed that some others better able than himself, whether indeed consideration by
as being exposed to the same rapacity or prompted by an honest a distinguished of this sort which do happen
most I believe happen in this manner.

MAINT
There are Laws, without the
constant evolution of which Justice
could not be administered
in sufficient... for
the holding of security together
upon the constant violation of
which depends the preservation
of society.

But besides that this practice of approbation is directly contrary to the the Law on its
present footing, and is only protected by the general sense of its utility dearth of evidence and the difficulty
consequent in some degree of procuring evidence of this necessary crime, it is pleasing that
it's happening in any given instance is but a [weak] enough chance, and not to be depended
upon for its happening in any such reasonable calculation as should ever be formed
before previous to the establishment of any provision for the purpose of the adapting of ends means
the preservation to ends.

Supposing even this first difficulty surmounted, and the partly engaged in the
prosecution, how many chances again are there not against his persevering in it
to conviction and never being prevailed upon to drop it by indolence, by the evidence
of passion, by pecuniary temptations which it is so natural to expect should be though
in his way.

All these obstacles to Justice would at once be obstructed by the Institution of the
Public Prosecutor; by taking the injured person when he offers himself in the first fit
of his resentment, and fixing him to the pursuit of the public utility by the admirable
expedient of recognizance, his perseverance is censured: and after which when Indolence or
Compassion or Avarice would

In order however to secure the efficacy of this plan, three particulars should be
observed.

1st That the examination preliminary evidence <add>ex parte of the party informing be forthwith as delivered taken down in writing &
signed by him, in order to constate establish the facts against him, and preclude secure against his
subsequent discrimination: when down either by the Prosecutor Genl. himself or by some Justice
of the Peace, and transmitted to his office 2dly That thea of method be devised to secure the penal sums being always at least<add> equal
to what it could be supposed to be worth the criminal's while to give to escape from

PROCEDURE Public Prosecut.

Identifier: | JB/050/102/001"JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	102	Info in main headings field	certainty public prosecutor reluctance to prosecute
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f1
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16093
Box Contents