★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| (2 intermediate revisions by one other user not shown) | |||
| Line 1: | Line 1: | ||
'''[{{fullurl:JB/068/340/002|action=edit}} Click Here To Edit]''' | '''[{{fullurl:JB/068/340/002|action=edit}} Click Here To Edit]''' | ||
<head>1826 April 13. <lb/> | |||
Penal Code</head> | |||
<note>B. I General Titles<lb/> | |||
Ch 13 Means of Repression Remedies<lb/> | |||
§. Satisfaction</note> | |||
<p>Proved.</p> | |||
<note>English Practice<lb/> | |||
10<lb/> | |||
But this practice<lb/> | |||
pregnant with insincerity<lb/> | |||
consequently<lb/> | |||
judicial falsehood<lb/> | |||
with all its evils<lb/> | |||
& without good</note> | |||
<p>A practice of this sort is pregnant with <lb/> | |||
insincerity. Now <del>a</del> <add>the</add> jury, having declared<lb/> | |||
themselves of opinion that the party in question<lb/> | |||
was in the wrong, it follows not by any<lb/> | |||
means that he has been so, in any degree<lb/> | |||
whatsoever, for, supposed that an accident<lb/> | |||
so common to have happened, as this, to wit<lb/> | |||
that a witness, by whom his unimpeachableness<lb/> | |||
would have been proved beyond doubt<lb/> | |||
cannot be found, or keeps out of the way,<lb/> | |||
or dies, or is taken ill, etc. etc; or suppose<lb/> | |||
that the same accidents in the case of the<lb/> | |||
possessor of a source of written or real evidence<lb/> | |||
or in the case <add>on the part instance</add> of the source of evidence<lb/> | |||
itself, in any of these cases, defendant<lb/> | |||
is really not in the wrong. But supposing<lb/> | |||
him ever so really in the wrong, it follows<lb/> | |||
not that he himself will be persuaded<lb/> | |||
of his being so. What is certain is, that<lb/> | |||
punishment is not proof; and that if, before, <lb/> | |||
the announcement of the punishments, he was<lb/> | |||
not persuaded of his having been in the <lb/> | |||
wrong, the effect of the punishment will be<lb/> | |||
rather by its irritating property to improbablize,<lb/> | |||
than to probablize his becoming so. <del>The</del></p> | |||
<p>Here then is a course of insincerity, proposed<lb/> | |||
to the individual, proposed with a premium<lb/> | |||
annexed to it and proposed by the judge.<lb/> | |||
Here is a deceptious practice, suborned; here is<lb/> | |||
falsehood suborned; here is judicial falsehood suborned and<lb/> | |||
the suborner is the judge.</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826 April 13.
Penal Code
B. I General Titles
Ch 13 Means of Repression Remedies
§. Satisfaction
Proved.
English Practice
10
But this practice
pregnant with insincerity
consequently
judicial falsehood
with all its evils
& without good
A practice of this sort is pregnant with
insincerity. Now a the jury, having declared
themselves of opinion that the party in question
was in the wrong, it follows not by any
means that he has been so, in any degree
whatsoever, for, supposed that an accident
so common to have happened, as this, to wit
that a witness, by whom his unimpeachableness
would have been proved beyond doubt
cannot be found, or keeps out of the way,
or dies, or is taken ill, etc. etc; or suppose
that the same accidents in the case of the
possessor of a source of written or real evidence
or in the case on the part instance of the source of evidence
itself, in any of these cases, defendant
is really not in the wrong. But supposing
him ever so really in the wrong, it follows
not that he himself will be persuaded
of his being so. What is certain is, that
punishment is not proof; and that if, before,
the announcement of the punishments, he was
not persuaded of his having been in the
wrong, the effect of the punishment will be
rather by its irritating property to improbablize,
than to probablize his becoming so. The
Here then is a course of insincerity, proposed
to the individual, proposed with a premium
annexed to it and proposed by the judge.
Here is a deceptious practice, suborned; here is
falsehood suborned; here is judicial falsehood suborned and
the suborner is the judge.
|
Identifier: | JB/068/340/002"JB/" can not be assigned to a declared number type with value 68. |
|||
|---|---|---|---|
|
1826-04-13 |
10 |
||
|
068 |
penal code |
||
|
340 |
penal code |
||
|
002 |
|||
|
copy/fair copy sheet |
1 |
||
|
recto |
|||
|
john neal |
|||
|
22535 |
|||
