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<!-- indent --><p> The Jury System is doubly mischievous: in itself,<lb/> and in the very constitution of the tribunal, by giving<lb/> partial justice by letting off delinquents and giving<lb/> <add>protecting</add> encouragement to guilt: and by the mode of <add>inconvenience </add> of | <!-- indent --><p> The Jury System is doubly mischievous: in itself,<lb/> and in the very constitution of the tribunal, by giving<lb/> partial justice by letting off delinquents and giving<lb/> <add>protecting</add> encouragement to guilt: and by the mode of <add>inconvenience </add> of procedure<lb/> <del>partly</del> produced <add>resulting</add> partly from the nature of <lb/>the system partly from positive provisions of law<lb/> that happen accidentally to have been <sic>combind</sic><lb/> with it. In this way <del>the</del> by enormity of the expense<lb/>it is equally injurious <add>prejudicial</add> to delinquency and to<lb/> innocence. Of this too as of all other <unclear>relaxants</unclear><lb/> in the penal <add>executive</add> system it is the property to cover<lb/> real cruelty under the mask of <sic>lenity</sic> <!-- had to check this one in the dictionary! - it's correct --> <add>mercy</add>; by leading<lb/> men into temptation it crushes <add>destroys</add> the very class of<lb/> men whom it appears <add>pretends</add> to save: by bringing in<lb/> a real or supposed necessity of still higher <add>severer</add> and<lb/> severer punishment, <sic>that</sic> what it takes away in<lb/> certainty may be made up in magnitude, it injures<lb/> them still more: and it lights the candle<lb/> of mischief at both ends by aggravating on one hand<lb/> the mischief of the offense <add>disease</add> and on the other that of<lb/> the cruel and <sic>inefficacious</sic> remedy. How pure soever <add>Though pure</add><lb/> <del>the</del> <add>as angels in </add> intention, in effect therefore the worst enemies of the<lb/> people are those who inflame those <add>the</add> prejudices which<lb/> set them against <unclear>many</unclear> of those <gap/> them to any<lb/> of those <add>deplorably</add> numerous pieces in the system which contribute<lb/> to weaken the connection between delinquency<lb/> and punishment. | ||
<note>without affording innocence as such the smallest <add>protection or</add> advantage </note></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
The Jury System is doubly mischievous: in itself,
and in the very constitution of the tribunal, by giving
partial justice by letting off delinquents and giving
protecting encouragement to guilt: and by the mode of inconvenience of procedure
partly produced resulting partly from the nature of
the system partly from positive provisions of law
that happen accidentally to have been combind
with it. In this way the by enormity of the expense
it is equally injurious prejudicial to delinquency and to
innocence. Of this too as of all other relaxants
in the penal executive system it is the property to cover
real cruelty under the mask of lenity mercy; by leading
men into temptation it crushes destroys the very class of
men whom it appears pretends to save: by bringing in
a real or supposed necessity of still higher severer and
severer punishment, that what it takes away in
certainty may be made up in magnitude, it injures
them still more: and it lights the candle
of mischief at both ends by aggravating on one hand
the mischief of the offense disease and on the other that of
the cruel and inefficacious remedy. How pure soever Though pure
the as angels in intention, in effect therefore the worst enemies of the
people are those who inflame those the prejudices which
set them against many of those them to any
of those deplorably numerous pieces in the system which contribute
to weaken the connection between delinquency
and punishment.
without affording innocence as such the smallest protection or advantage
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Identifier: | JB/035/075/004"JB/" can not be assigned to a declared number type with value 35. |
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035 |
constitutional code; evidence; procedure code |
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075 |
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004 |
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text sheet |
4 |
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recto |
f5 / f6 / f7 / f8 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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10668 |
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