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<p>+ 1<lb/>Panopticon Bill <note>Escape</note><lb/><note>Objections and<lb/>Answers</note></p> <head>Observations on <add>a passage or two in</add> the Panopticon Bill, by a<lb/><del><sic>M<hi rend="superscript">r</hi></sic> Romilly.</del> friend.</head> <p><sic>Sect.</sic> XI Escape</p> <p><sic>Art.</sic> 6. This is most outrageously severe: and it seems contrary to all principle<lb/>of <del>practice</del> <add>Justice</add> to leave it in the power of the prosecutor, that is of any body, to make the punishment<lb/>greater or less for the same Crime according to the mode of punishment which he choses<lb/>to adopt.</p> <p>Answer</p> <p><add>1. As to the <foreign>quantum</foreign> — </add> The true measure of punishment is not the degree of resentment<lb/>excited by the offence in the mind of any one<lb/>who thinks of it, but the demand for punishment for the purpose<lb/><del><sic>Art.</sic> 8</del> of prevention.</p> <p>A case can scarcely be conceived in which in this<lb/>point of view the demand for punishment <add>can</add> be greater. The<lb/>punishment provided for the favouring escape in the instance<lb/>of a single <add><del><sic>Art.</sic> 14</del></add> prisoner, has not been objected to as outrageously<lb/>severe: indeed it is less so than under the law as it stands<lb/>at present. But the <del>effect</del> mischief in this case may<lb/>be a thousand times as great as in that: since from<lb/>an act of real or pretended negligence on <add>the part of</add> a Watchman<lb/>of this sort may result the escape of the whole number<lb/>of prisoners at once; thence the desolation of the neighbourhood<lb/>by all sorts of crimes &c</p> <p>I say <hi rend="underline">pretended</hi> negligence: for if a watchman<lb/>or a number of the watchmen were to intend to facilitate<lb/>the escape of <del>any</del> the prisoners in general <add> either for the sake of the prisoners in general</add> or<lb/>what is more natural <del>to facilitate the escape of the<lb/>prisoners in general</del> for the sake of some one or<lb/>some small <unclear>part</unclear> of prisoners, on whose behalf they had<lb/>been bribed by some rich accomplice &c, what could<lb/>be a more feasible mode of executing such an intention<lb/><add>than</add></p> | |||
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+ 1
Panopticon Bill Escape
Objections and
Answers
Observations on a passage or two in the Panopticon Bill, by a
Mr Romilly. friend.
Sect. XI Escape
Art. 6. This is most outrageously severe: and it seems contrary to all principle
of practice Justice to leave it in the power of the prosecutor, that is of any body, to make the punishment
greater or less for the same Crime according to the mode of punishment which he choses
to adopt.
Answer
1. As to the quantum — The true measure of punishment is not the degree of resentment
excited by the offence in the mind of any one
who thinks of it, but the demand for punishment for the purpose
Art. 8 of prevention.
A case can scarcely be conceived in which in this
point of view the demand for punishment can be greater. The
punishment provided for the favouring escape in the instance
of a single Art. 14 prisoner, has not been objected to as outrageously
severe: indeed it is less so than under the law as it stands
at present. But the effect mischief in this case may
be a thousand times as great as in that: since from
an act of real or pretended negligence on the part of a Watchman
of this sort may result the escape of the whole number
of prisoners at once; thence the desolation of the neighbourhood
by all sorts of crimes &c
I say pretended negligence: for if a watchman
or a number of the watchmen were to intend to facilitate
the escape of any the prisoners in general either for the sake of the prisoners in general or
what is more natural to facilitate the escape of the
prisoners in general for the sake of some one or
some small part of prisoners, on whose behalf they had
been bribed by some rich accomplice &c, what could
be a more feasible mode of executing such an intention
than
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observations on a passage or two in the panopticon bill, by a friend |
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