★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| (8 intermediate revisions by 2 users not shown) | |||
| Line 2: | Line 2: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<head>CERTAINTY | <head>CERTAINTY JEOFAILS FLAWS, ACQUITTAL <add>BY LAW.</add> in consequence of them.</head> | ||
<p>v. Voluminousness.</p> | <p>v. Voluminousness.</p> | ||
<p>Privilege of Sanctuary has been long <sic>lookt</sic> upon in this<lb/> | <p>Privilege of Sanctuary has been long <sic>lookt</sic> upon in this<lb/> | ||
Country as one of the most enormous abuses <add>of which</add>that<lb/> | Country as one of the most enormous abuses <add>of which</add>that<lb/> | ||
<add>that can infect [<gap/>]</add>the administration of justice is <del>capable of</del><add>susceptible</add>. & one<lb/> | <add>that can infect [<gap/>]</add>the administration of justice is <del>capable of</del> <add>susceptible</add>. & one<lb/> | ||
should as soon expect to see an advocate for the<lb/> | should as soon expect to see an advocate for the<lb/> | ||
innocence of perjury or | innocence of perjury or murder, as for the adoption<lb/> | ||
of it. Yet for whatever has been urged against it,<lb/> | of it. Yet for whatever has been urged against it,<lb/> | ||
may be urged with, | may be urged with, equal force against the Acquittal<lb/> | ||
of | of Criminals <add>Culprits</add> upon informality in Indictments, for<lb/> | ||
the | the countenancing of which the Humanity of the<lb/> | ||
English [our] Laws has been so frequently & so<lb/> | English [our] Laws has been so frequently & so<lb/> | ||
undeservedly extolled. Of both it may be said<lb/> | undeservedly extolled. Of both it may <add>equally <gap/></add>be said<lb/> | ||
that they only differ from | that they only differ from impunity as the<lb/> | ||
<note>Beccaria <gap/> 35 <unclear>Asili</unclear></note> | |||
equally said. that they make the [safety]<add>deliverance</add> of<lb/> | <add>2</add>more and <add>1</add>less. in degree — <unclear>of both</unclear>It may be<lb/> | ||
the Culprit depend upon a | equally said. that they make the [safety] <add>deliverance</add> of<lb/> | ||
<add><sic>independant</sic> of</add> <unclear>unconnected</unclear> with his innocence [or guilt] | the Culprit depend upon a contingency totally<lb/> | ||
the | <add><sic>independant</sic> of</add> <unclear>unconnected</unclear> with his innocence [or guilt] -That <add>++</add> the <note>++ just the contrary from<lb/> | ||
a better chance of | the innocent's having<lb/> | ||
a better chance of escaping<lb/> | |||
the guilty | than the guilty,<lb/> | ||
< | the guilty &c.</note><lb/> | ||
they afford, than <add>to the</add> guilty; | innocent <del>have</del> <add>does</add> not a <add>some</add> better chance for the protection<lb/> | ||
that <add>it is</add> they are <add>to the | they afford, than <add>to the</add> guilty; nay <del>the</del> on the contrary<lb/> | ||
<del>than to the innocent</del>. | that <add>it is</add> they are <add>to the latter most likely to be</add> more serviceable <del>to the guilty,</del><lb/> | ||
<del>the | <del>than to the innocent</del>. for the former, some are<lb/> | ||
undoubtedly <add>the most likely</add> <del>more apt to</del> have recourse <del>for</del><add>to</add> them <del>than</del><lb/> | |||
innocent, but who by the <add> | <del>the latter</del>, But it has been said and is continually<lb/> | ||
repeated, that it may happen that a person, really<lb/> | |||
innocent, but who by the <add>reason</add> ignorance or prejudice of<lb/> | |||
the Jury, <add>by the malicious perjury of a witness</add> or <hi rend="underline">by</hi> an unfortunate concurrence of<lb/> | the Jury, <add>by the malicious perjury of a witness</add> or <hi rend="underline">by</hi> an unfortunate concurrence of<lb/> | ||
presumptions has been pronounced guilty, may find<lb/> | |||
in them a refuge; | in them a refuge; & that it is better that a hundred<lb/> | ||
guilty be delivered than one innocent < | guilty be delivered than one innocent perish. <note>if as in Holland where as Statholder: but <hi rend="underline">not</hi> Kg being able to pardon.</note></p><pb/> | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
CERTAINTY JEOFAILS FLAWS, ACQUITTAL BY LAW. in consequence of them.
v. Voluminousness.
Privilege of Sanctuary has been long lookt upon in this
Country as one of the most enormous abuses of whichthat
that can infect []the administration of justice is capable of susceptible. & one
should as soon expect to see an advocate for the
innocence of perjury or murder, as for the adoption
of it. Yet for whatever has been urged against it,
may be urged with, equal force against the Acquittal
of Criminals Culprits upon informality in Indictments, for
the countenancing of which the Humanity of the
English [our] Laws has been so frequently & so
undeservedly extolled. Of both it may equally be said
that they only differ from impunity as the
Beccaria 35 Asili
2more and 1less. in degree — of bothIt may be
equally said. that they make the [safety] deliverance of
the Culprit depend upon a contingency totally
independant of unconnected with his innocence [or guilt] -That ++ the ++ just the contrary from
the innocent's having
a better chance of escaping
than the guilty,
the guilty &c.
innocent have does not a some better chance for the protection
they afford, than to the guilty; nay the on the contrary
that it is they are to the latter most likely to be more serviceable to the guilty,
than to the innocent. for the former, some are
undoubtedly the most likely more apt to have recourse forto them than
the latter, But it has been said and is continually
repeated, that it may happen that a person, really
innocent, but who by the reason ignorance or prejudice of
the Jury, by the malicious perjury of a witness or by an unfortunate concurrence of
presumptions has been pronounced guilty, may find
in them a refuge; & that it is better that a hundred
guilty be delivered than one innocent perish. if as in Holland where as Statholder: but not Kg being able to pardon.
---page break---
|
Identifier: | JB/050/044/001"JB/" can not be assigned to a declared number type with value 50. |
|||
|---|---|---|---|
|
050 |
procedure code |
||
|
044 |
certainty jeofails flaws acquittal oy. law |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
f69 |
||
|
jeremy bentham |
ia |
||
|
fr4 |
|||
|
16035 |
|||
