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<head>Judicial</head><lb/>One would think Judges were to be had in France as<lb/>cheap as foot-soldiers: and if they were as cheap as frogs, they<lb/>would not be worth the money for the uses which they would<lb/>be put to by M. Burgesse.< | <head>Judicial</head><lb/> | ||
<p>One would think Judges were to be had in France as<lb/>cheap as foot-soldiers: and if they were as cheap as frogs, they<lb/>would not be worth the money for the uses which they would<lb/>be put to by M. Burgesse.</p> | |||
<p>One of M. Burgesse's propositions is that the<lb/>Judge who tries a penal cause shall not have the<lb/>power of issuing a warrant for the <add>apprehension of</add> commitment of <add>over</add><lb/><add>committing</add> the defendant, but that this <add>latter</add> power shall be vested in<lb/>the hands of another magistrate.<lb/></p> | |||
<p>The <del>reasons</del> only reasons <add>on which he grounds</add> he gives in support<lb/>of the necessity of this provision <add>is as follows</add> seems a very feeble<lb/><add><gap/></add> one. "If a Judge, <add>says he</add> has granted a warrant upon<lb/>grounds which prove erroneous, <gap/> or prejudice<lb/> will dispose him to cover the <add>first false step</add> original injustice<lb/>by a groundless <del>condemna</del> <add>conviction.</add> At any rate people will<lb/>be apprehensive of his doing so, and the <del><gap/></del><lb/>securing them against this apprehension by the<lb/><del>up</del> visiting of the power of commitment in other<lb/>hands.<lb/></p> | |||
<p>The apprehension seems <add>to have very slender foundation</add> groundless in itself, and<lb/>were it better grounded it <del>is</del> turns upon so refined<lb/>a <add>train of</add> reasoning <del><gap/></del> to be likely to gain footing in the<lb/>minds of the people.</p> | |||
<p>That a man who is guilty should appear to<lb/>be so upon the face of the first charge that is made<lb/>against him is in the <add>ordinary course</add> natural order of things: it is <add>by</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Judicial
One would think Judges were to be had in France as
cheap as foot-soldiers: and if they were as cheap as frogs, they
would not be worth the money for the uses which they would
be put to by M. Burgesse.
One of M. Burgesse's propositions is that the
Judge who tries a penal cause shall not have the
power of issuing a warrant for the apprehension of commitment of over
committing the defendant, but that this latter power shall be vested in
the hands of another magistrate.
The reasons only reasons on which he grounds he gives in support
of the necessity of this provision is as follows seems a very feeble
one. "If a Judge, says he has granted a warrant upon
grounds which prove erroneous, or prejudice
will dispose him to cover the first false step original injustice
by a groundless condemna conviction. At any rate people will
be apprehensive of his doing so, and the
securing them against this apprehension by the
up visiting of the power of commitment in other
hands.
The apprehension seems to have very slender foundation groundless in itself, and
were it better grounded it is turns upon so refined
a train of reasoning to be likely to gain footing in the
minds of the people.
That a man who is guilty should appear to
be so upon the face of the first charge that is made
against him is in the ordinary course natural order of things: it is by
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Identifier: | JB/051/238/001"JB/" can not be assigned to a declared number type with value 51. |
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1-3 |
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051 |
evidence; procedure code |
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238 |
judicial |
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001 |
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text sheet |
4 |
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recto |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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16403 |
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