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<p>12</p> | |||
' | <p><head>Capital Punishment examined.</head></p> | ||
<p><add>punishment</add> must be considered as <add>being</add> extended [though in a<lb/> | |||
less degree] from <add>as far back as</add> the moment <del>of</del> when the delinquent<lb/> | |||
is apprehended. The degree of it indeed through this first<lb/> | |||
period is not <add>commonly</add> so intense, the fear being chequer'd <add>all</add> along<lb/> | |||
with hope. It <del>may naturally be expected</del> <add>rises, one may suppose by degrees,</add> receiving<lb/> | |||
an encrease at every stage of the process at which,<lb/> | |||
a fresh point <del>is</del> <add>being</add> determined against the prisoner, [and]<lb/> | |||
his fate <add>punishment</add> approaches more and more to certainty.<hi rend="superscript">[a]</hi></p> | |||
<p>NOTE.<lb/> | |||
[a] It may happen by accident that the apprehension<lb/> | |||
may be greater before <add>previous to</add> sentence, than it turns out eventually<lb/> | |||
to be after sentence; a hope of pardon presenting<lb/> | |||
itself at the latter period, which did not at the former.<lb/> | |||
But this is not a common case; even under<lb/> | |||
our own Jurisprudence <add>penal Laws</add> which, owing to the lavish<lb/> | |||
use made of the mode of punishment in question, is<lb/> | |||
commonly understood to be so bad that it is a merit<lb/> | |||
in the Executive Magistrate to dispense with it.</p> | |||
<p>The most frequent ground of pardon is the disproportionate<lb/> | |||
severity of the punishment with respect to the<lb/> | |||
offence. This ground it is evident is in contemplation<lb/> | |||
not only from the time of <del>apprehension</del> <add>the delinquent's</add> being<lb/> | |||
apprehended, but from the time of his <gap/> the<lb/> | |||
offence.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
12
Capital Punishment examined.
punishment must be considered as being extended [though in a
less degree] from as far back as the moment of when the delinquent
is apprehended. The degree of it indeed through this first
period is not commonly so intense, the fear being chequer'd all along
with hope. It may naturally be expected rises, one may suppose by degrees, receiving
an encrease at every stage of the process at which,
a fresh point is being determined against the prisoner, [and]
his fate punishment approaches more and more to certainty.[a]
NOTE.
[a] It may happen by accident that the apprehension
may be greater before previous to sentence, than it turns out eventually
to be after sentence; a hope of pardon presenting
itself at the latter period, which did not at the former.
But this is not a common case; even under
our own Jurisprudence penal Laws which, owing to the lavish
use made of the mode of punishment in question, is
commonly understood to be so bad that it is a merit
in the Executive Magistrate to dispense with it.
The most frequent ground of pardon is the disproportionate
severity of the punishment with respect to the
offence. This ground it is evident is in contemplation
not only from the time of apprehension the delinquent's being
apprehended, but from the time of his the
offence.
|
Identifier: | JB/159/232/004"JB/" can not be assigned to a declared number type with value 159. |
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159 |
punishment |
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232 |
capital punishment examined |
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004 |
equability / variability / exemplarity |
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text sheet |
4 |
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recto |
f9 / f10 / f11 / f12 |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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54055 |
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