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<p><!-- pencil -->May 1803</p> | |||
' | <p><head>Modifications</head></p> | ||
<p>Quantity and Quality<lb/> | |||
1. The seat of bias<lb/> | |||
2. Less exposed <add>disposed</add> to contradiction.<lb/> | |||
3. Therefore, to admitt<lb/> | |||
of conviction of perjury<lb/> | |||
4. Therefore the natural<lb/> | |||
modifications<lb/> | |||
<add>naturally</add> adopted by an unwilling<lb/> | |||
witness.<lb/> | |||
5. Hence a justification<lb/> | |||
of an attempt<lb/> | |||
to discredit an unwilling<lb/> | |||
witness</p> | |||
<p>He is compelled by law<lb/> | |||
to speak – for his own<lb/> | |||
sake he will not utter<lb/> | |||
any falshood that will<lb/> | |||
expose him to conviction<lb/> | |||
of perjury: but so far<lb/> | |||
as falshood <del><gap/></del> <add>promises to be</add> safe, there<lb/> | |||
is reason to apprehend<lb/> | |||
his practising it.</p> | |||
<pb/> | |||
<p><head>More probationism</head></p> | |||
<p>Cases where proof might<lb/> | |||
be sufficient for satisfaction<lb/> | |||
or collation – or non-collation<lb/> | |||
or rights, though not<lb/> | |||
for punishment<lb/> | |||
1. Forgery.<lb/> | |||
2. Perjury<lb/> | |||
3. Murder for succession<lb/> | |||
or in case of insurance<lb/> | |||
of life or goods.<lb/> | |||
4. Incendiarism to<lb/> | |||
an Incendateur (<gap/>)<lb/> | |||
profit by insurance.<lb/> | |||
5. Theft – proof may be<lb/> | |||
strong enough for restitution<lb/> | |||
though not for<lb/> | |||
conviction <gap/> &c.<lb/> | |||
<hi rend="superscript">⊞</hi> <hi rend="superscript">⊞</hi> Admitt that in<lb/> | |||
these cases the triumph<lb/> | |||
is not compleat,<lb/> | |||
since the<lb/> | |||
character suffers.<lb/> | |||
Look over the Table of offences.</p> | |||
<p><del>In For</del><lb/> | |||
In cases where there<lb/> | |||
is no individual injured<lb/> | |||
the infliction might be<lb/> | |||
<add>simply</add> sufficient to take away the<lb/> | |||
profit of the offence.</p> | |||
<p>Among the many bad<lb/> | |||
effects of capital punishment<lb/> | |||
is the deterring<lb/> | |||
Judges (Juries)<lb/> | |||
from convicting, tho'<lb/> | |||
their persuasion is in the<lb/> | |||
affirmative. Infliction<lb/> | |||
<hi rend="underline">pro more <gap/></hi><lb/> | |||
would do away this<lb/> | |||
inconvenience.</p> | |||
<p>In non-penals where<lb/> | |||
one man loses mo more<lb/> | |||
in one event than<lb/> | |||
the other would in the<lb/> | |||
other, any the slightest<lb/> | |||
degree of persuasion<lb/> | |||
may be sufficient for<lb/> | |||
decision.</p> | |||
<p>In penals, where the<lb/> | |||
punishment is the highest<lb/> | |||
a degree of persuasion<lb/> | |||
much short of the highest<lb/> | |||
practical degree would<lb/> | |||
scarce be sufficient.</p> | |||
<pb/> | |||
<p><head>More probationism</head></p> | |||
<p>In Perjury, <add>by a <gap/> litigant</add> the offence<lb/> | |||
<del>that</del> is not that of the<lb/> | |||
Defendant, therefore the<lb/> | |||
punishment can not<lb/> | |||
take place in that<lb/> | |||
cause, so that there is<lb/> | |||
no option between major<lb/> | |||
and minor infliction.</p> | |||
<p>The minor infliction<lb/> | |||
has in some cases<lb/> | |||
been prescribed by<lb/> | |||
the legislator.<lb/> | |||
Instances in English Law<lb/> | |||
1. Theft or other deprecation.<lb/> | |||
1. Lead &c every where<lb/> | |||
2. Imported goods from<lb/> | |||
neighbourhood of Thames.<lb/> | |||
2. Treason under Sedition<lb/>Act.</p> | |||
<p><gap/> finding<lb/> | |||
in predatory offences.<lb/> | |||
Delusion between<lb/> | |||
impunity & extreme<lb/> | |||
punishment.</p> | |||
<pb/> | |||
<p><head>Decision<lb/> | |||
Dependence.</head></p> | |||
<p><add><del>Exceptions</del></add> None in<lb/> | |||
1. View<lb/> | |||
2. Disputed and incompleat where<lb/> | |||
Fact is improbable.</p> | |||
<p>Grounds of Decision<lb/> | |||
<del>1. Real</del> <add>1. <gap/></add><lb/> | |||
2. Real } direct<lb/> | |||
3. Personal } direct<lb/> | |||
4. Real } Circumstantial<lb/> | |||
5. Personal } Circumstantial<lb/> | |||
Either may be pro<lb/> | |||
or con.<lb/> | |||
5. Improbability <add>of the fact</add> is circumstantial evidence<lb/> | |||
– contra.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
May 1803
Modifications
Quantity and Quality
1. The seat of bias
2. Less exposed disposed to contradiction.
3. Therefore, to admitt
of conviction of perjury
4. Therefore the natural
modifications
naturally adopted by an unwilling
witness.
5. Hence a justification
of an attempt
to discredit an unwilling
witness
He is compelled by law
to speak – for his own
sake he will not utter
any falshood that will
expose him to conviction
of perjury: but so far
as falshood promises to be safe, there
is reason to apprehend
his practising it.
---page break---
More probationism
Cases where proof might
be sufficient for satisfaction
or collation – or non-collation
or rights, though not
for punishment
1. Forgery.
2. Perjury
3. Murder for succession
or in case of insurance
of life or goods.
4. Incendiarism to
an Incendateur ()
profit by insurance.
5. Theft – proof may be
strong enough for restitution
though not for
conviction &c.
⊞ ⊞ Admitt that in
these cases the triumph
is not compleat,
since the
character suffers.
Look over the Table of offences.
In For
In cases where there
is no individual injured
the infliction might be
simply sufficient to take away the
profit of the offence.
Among the many bad
effects of capital punishment
is the deterring
Judges (Juries)
from convicting, tho'
their persuasion is in the
affirmative. Infliction
pro more
would do away this
inconvenience.
In non-penals where
one man loses mo more
in one event than
the other would in the
other, any the slightest
degree of persuasion
may be sufficient for
decision.
In penals, where the
punishment is the highest
a degree of persuasion
much short of the highest
practical degree would
scarce be sufficient.
---page break---
More probationism
In Perjury, by a litigant the offence
that is not that of the
Defendant, therefore the
punishment can not
take place in that
cause, so that there is
no option between major
and minor infliction.
The minor infliction
has in some cases
been prescribed by
the legislator.
Instances in English Law
1. Theft or other deprecation.
1. Lead &c every where
2. Imported goods from
neighbourhood of Thames.
2. Treason under Sedition
Act.
finding
in predatory offences.
Delusion between
impunity & extreme
punishment.
---page break---
Decision
Dependence.
Exceptions None in
1. View
2. Disputed and incompleat where
Fact is improbable.
Grounds of Decision
1. Real 1.
2. Real } direct
3. Personal } direct
4. Real } Circumstantial
5. Personal } Circumstantial
Either may be pro
or con.
5. Improbability of the fact is circumstantial evidence
– contra.
|
Identifier: | JB/047/017/002"JB/" can not be assigned to a declared number type with value 47. |
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1803-05 |
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|
047 |
evidence |
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|
017 |
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|
002 |
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|
rudiments sheet (brouillon) |
1 |
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|
recto |
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|
jeremy bentham |
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14885 |
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