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<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 <add>equally <gap/></add>be said<lb/> | undeservedly extolled. Of both it may <add>equally <gap/></add>be said<lb/> | ||
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<note>Beccaria <gap/> 35 <unclear>Asili</unclear></note> | <note>Beccaria <gap/> 35 <unclear>Asili</unclear></note> | ||
<add>2</add>more and <add>1</add>less. in degree — <unclear>of both</unclear>It may be<lb/> | <add>2</add>more and <add>1</add>less. in degree — <unclear>of both</unclear>It may be<lb/> | ||
equally said. that they make the [safety]<add>deliverance</add> of<lb/> | equally said. that they make the [safety] <add>deliverance</add> of<lb/> | ||
the Culprit depend upon a | the Culprit depend upon a contingency totally<lb/> | ||
<add><sic>independant</sic> of</add> <unclear>unconnected</unclear> with his innocence [or guilt] | <add><sic>independant</sic> of</add> <unclear>unconnected</unclear> with his innocence [or guilt] -That <add>++</add> the <note>++ just the contrary from<lb/> | ||
the innocent's having<lb/> | the innocent's having<lb/> | ||
a better chance of escaping<lb/> | a better chance of escaping<lb/> | ||
than the guilty,<lb/> | than the guilty,<lb/> | ||
the guilty &c.</note> | the guilty &c.</note><lb/> | ||
< | innocent <del>have</del> <add>does</add> not a <add>some</add> better chance for the protection<lb/> | ||
they afford, than <add>to the</add> guilty; | they afford, than <add>to the</add> guilty; nay <del>the</del> on the contrary<lb/> | ||
that <add>it is</add> they are <add>to the | 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>than to the innocent</del>. | <del>than to the innocent</del>. for the former, some are<lb/> | ||
<del>the | undoubtedly <add>the most likely</add> <del>more apt to</del> have recourse <del>for</del><add>to</add> them <del>than</del><lb/> | ||
<del>the latter</del>, But it has been said and is continually<lb/> | |||
innocent, but who by the <add> | 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/> | ||
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{{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.
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certainty jeofails flaws acquittal oy. law |
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jeremy bentham |
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