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<p><!-- pencil -->10<lb/> | |||
B.1 Ch.7<lb/> | |||
<note>Analogy</note></p> | |||
<p><head>IV<lb/> | |||
<hi rend="underline">Fourth source of Analogy – Disguise assumed<lb/> | |||
for the offence similar disguise marked on the offender</hi></head></p> | |||
<p>In some offences <del>a</del> <add>the</add> characteristic circumstance <del>only</del> <add>will be drawn</add><lb/> | |||
<del>be a</del> <add>from the</add> <hi rend="underline">disguise</hi> assumed by the offender <del>for the sake of</del> <add>to</add><lb/> | |||
facilitate <del>him in</del> the commission of the offence. A<lb/> | |||
mask or a back crepe over the face is the <del><gap/></del> <add>means</add><lb/> | |||
commonly employed. This circumstance adds to the<lb/> | |||
demand for punishment in two ways. On the one<lb/> | |||
hand by augmenting the terror it augments the<lb/> | |||
mischief of the offence: on the other hand by diminishing<lb/> | |||
the probability, it diminishes the real as well as<lb/> | |||
apparent value of the punishment. A disguise similar<lb/> | |||
to that which was voluntarily assumed for the purpose<lb/> | |||
of the crime, may be stamped upon him in augmentation<lb/> | |||
of the punishment. The penal disguise <add>if designed to be equal in duration with the imprisonment</add> would<lb/> | |||
require to be evanescent or indelible, according as<lb/> | |||
the imprisonment, <del>if disgu</del> was temporary or<lb/> | |||
<del>permanent</del> perpetual. If evanescent it might<lb/> | |||
be produced by washing with the black wash, if<lb/> | |||
indelible by tattooing. The use of such a punishment<lb/> | |||
will be more particularly striking in<lb/> | |||
premeditated murder, rape, personal injuries<lb/> | |||
attended with permanent mischief, and<lb/> | |||
crimes of indigence when accompanied with<lb/> | |||
force or terror.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
10
B.1 Ch.7
Analogy
IV
Fourth source of Analogy – Disguise assumed
for the offence similar disguise marked on the offender
In some offences a the characteristic circumstance only will be drawn
be a from the disguise assumed by the offender for the sake of to
facilitate him in the commission of the offence. A
mask or a back crepe over the face is the means
commonly employed. This circumstance adds to the
demand for punishment in two ways. On the one
hand by augmenting the terror it augments the
mischief of the offence: on the other hand by diminishing
the probability, it diminishes the real as well as
apparent value of the punishment. A disguise similar
to that which was voluntarily assumed for the purpose
of the crime, may be stamped upon him in augmentation
of the punishment. The penal disguise if designed to be equal in duration with the imprisonment would
require to be evanescent or indelible, according as
the imprisonment, if disgu was temporary or
permanent perpetual. If evanescent it might
be produced by washing with the black wash, if
indelible by tattooing. The use of such a punishment
will be more particularly striking in
premeditated murder, rape, personal injuries
attended with permanent mischief, and
crimes of indigence when accompanied with
force or terror.
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Identifier: | JB/141/038/002"JB/" can not be assigned to a declared number type with value 141. |
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141 |
rationale of punishment |
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038 |
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002 |
note by dumont |
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copy/fair copy sheet |
2 |
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recto |
f8 / f10 |
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richard smith |
[[watermarks::[britannia with shield emblem]]] |
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48255 |
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