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<p>[investigational procedure] In so far as by means of evidence<lb/> | <p>[investigational procedure] In so far as by means of evidence<lb/> | ||
whether appropriate or <del> | whether appropriate or <del>sim</del> merely indicative it seeks to<lb/> | ||
obtain appropriate evidence <add>Judicial</add> procedure <add>is</add> in every case is investigatorial<lb/> | |||
procedure.</p> | procedure.</p> | ||
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is attached by those by whom it is performed investigational<lb/> | is attached by those by whom it is performed investigational<lb/> | ||
examination is naturally in a large proportion included.<lb/> | examination is naturally in a large proportion included.<lb/> | ||
<add>It is in penal cases that</add>In the species of procedure | <add>It is in penal cases that</add>In the species of procedure thus denominated is mostly if<lb/> | ||
not exclusively practiced. In these cases the first evidence<lb/> | not exclusively practiced. In these cases the first evidence<lb/> | ||
commonly sought is that of the person suspected of the offence<lb/> | commonly sought is that of the person suspected of the offence<lb/> | ||
in question, and who thereupon is | in question, and who thereupon is instituted defendant. In<lb/> | ||
this there is nothing adverse to justice: on the contrary it is the omission<lb/> | |||
of it that <del>would</del> | of it that <del>would</del> wherever it has place is adverse to <lb/> | ||
justice. True it is that if he is guilty <add>< | justice. True it is that if he is guilty <add><unclear>committed</unclear><add>performed</add></add><add>the punishable act</add> of that of which he <del>has</del><lb/> | ||
is suspected or entertains a form of being thought to have performed<lb/> | is suspected or entertains a form of being thought to have performed<lb/> | ||
it to <add>here</add>have questions put to him | it, to <add>here</add>have questions put to him | ||
<del><gap/></del> the tendency<lb/> | <del><gap/></del> the tendency<lb/> | ||
of which is to <del> | of which is to <del>caus</del> produce on the part of the Judge a belief that<lb/> | ||
he did perform it can not but be otherwise than unpleasant<lb/> | he did perform it can not but be otherwise than unpleasant<lb/> | ||
to him: but <del><gap/></del> a thing still more unpleasantness therefore in this<lb/> | to him: but <del><gap/></del> a thing still more unpleasant to him would<lb/> | ||
be the being punished for it: the unpleasantness therefore in this<lb/> | |||
case if a reason against all such examination would be a still<lb/> | case if a reason against all such examination would be a still<lb/> | ||
stronger reason against all punishment. To ever extraneous <gap/>ness<lb/> | stronger reason against all punishment. To ever extraneous <gap/>ness<lb/> | ||
it is frequently in certain cases beyond all comparison more unpleasant <lb/> | it is frequently in certain cases beyond all comparison more unpleasant <lb/> | ||
to be examined in relation to the alledged criminality of<lb/> | to be examined in relation to the alledged criminality of<lb/> | ||
a person <add>accused | a person <add>accused or</add> suspected than to the accused himself it can be to be so<lb/> | ||
examined in certain other cases. In relation to an act which he<lb/> | examined in certain other cases. In relation to an act which he<lb/> | ||
is suspected of having performed, the person suspected, if so it be<lb/> | is suspected of having performed, the person suspected, if so it be<lb/> | ||
that he really performed it knows at least as much about | that he really performed it knows at least as much about it<hi rend="superscript">a</hi> commonly<lb/> | ||
<del><gap/></del> much more than, any other person: he accordingly is<lb/> | <del><gap/></del> much more than, any other person: he accordingly is<lb/> | ||
the person who in so far as for the purpose of rectitude of decision the disa<gap/><lb/> | the person who in so far as for the purpose of rectitude of decision the disa<gap/><lb/> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1823.Octr. 19
Constitutional Code. 1. Enactive Part
Ch. Quasi Jury
S. Field of service
[investigational procedure] In so far as by means of evidence
whether appropriate or sim merely indicative it seeks to
obtain appropriate evidence Judicial procedure is in every case is investigatorial
procedure.
Investigational procedure is sometime goes commonly
by the name of inquisitorial procedure: or rather in that
species of procedure who to which the name of inquisitorial
is attached by those by whom it is performed investigational
examination is naturally in a large proportion included.
It is in penal cases thatIn the species of procedure thus denominated is mostly if
not exclusively practiced. In these cases the first evidence
commonly sought is that of the person suspected of the offence
in question, and who thereupon is instituted defendant. In
this there is nothing adverse to justice: on the contrary it is the omission
of it that would wherever it has place is adverse to
justice. True it is that if he is guilty committed<add>performed</add>the punishable act of that of which he has
is suspected or entertains a form of being thought to have performed
it, to herehave questions put to him
the tendency
of which is to caus produce on the part of the Judge a belief that
he did perform it can not but be otherwise than unpleasant
to him: but a thing still more unpleasant to him would
be the being punished for it: the unpleasantness therefore in this
case if a reason against all such examination would be a still
stronger reason against all punishment. To ever extraneous ness
it is frequently in certain cases beyond all comparison more unpleasant
to be examined in relation to the alledged criminality of
a person accused or suspected than to the accused himself it can be to be so
examined in certain other cases. In relation to an act which he
is suspected of having performed, the person suspected, if so it be
that he really performed it knows at least as much about ita commonly
much more than, any other person: he accordingly is
the person who in so far as for the purpose of rectitude of decision the disa
of appropriate truth in the object, will if he be forthcoming or acceptable the first person examined.
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Identifier: | JB/034/187/001"JB/" can not be assigned to a declared number type with value 34. |
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1823-10-19 |
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187 |
constitutional code |
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jeremy bentham |
j whatman turkey mill 1822 |
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admiral pavel chichagov |
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1822 |
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10461 |
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