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<note>12</note> | |||
<head>Indirect Legislation</head> | |||
<note>Accessory</note> | |||
<p><add>conclusive</add> evidence of the principal offence, they should <add>ought</add><lb/>not <add>to</add> have <add>treated</add> punished <add> thought it expedient to treat</add> it upon the same footing: if they<lb/>had been satisfied that juries would uniformly be<lb/>of that opinion they would not have thought it necessary.<lb/><del>It seemed to them doubtless that</del> <note>They had observed probably<lb/>that <add>in a criminal case</add> the bias of Jurymen<lb/>unless drawn aside by<lb/>some personal or party<lb/>prejudice is always in<lb/>favour of the defendant.<lb/>For<lb/> </note><add>It is the natural property of </add> Judges who<lb/>are taken at hazard from the mixed body of the<lb/>people to be more sensible to the obvious mischief<lb/>which may result from the condemnation of a person<lb/>who by possibility may be innocent, than to the<lb/>less obvious but not more undesirable mischief <lb/>which results to the whole body of the innocent<lb/>from the <del>acquitta</del> <add>discharge</add> of one who in probability is<lb/>guilty: indeed this latter mischief seems commonly<lb/>to be regarded as nothing: so that the side which<lb/>is favourable to the defendant is looked upon not<lb/>only as the safer but as absolutely safe, and<lb/>the only one that is so.<lb/></p> <p>Be this as it may it seems evident<lb/>that the countries where there is the greatest occasion<lb/> for the <del>creation of such</del> <add>establishment</add> of evidentiary offences upon<lb/>an independent footing are those in which the<lb/>abovementioned rule of evidence and the institution<lb/>of juries are established. In other countries the<lb/>same end is attained in perhaps a better manner<lb/>and <add>may</add> to a greater extent, by another expedient: which is<lb/>to set down the evidentiary circumstance under that<lb/><note>very appellation<lb/></note>head <add><gap/></add>, leaving the inference to the discretion of the judge. <lb/><note><del>Thus</del> In</note></p> | |||
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12
Indirect Legislation
Accessory
conclusive evidence of the principal offence, they should ought
not to have treated punished thought it expedient to treat it upon the same footing: if they
had been satisfied that juries would uniformly be
of that opinion they would not have thought it necessary.
It seemed to them doubtless that They had observed probably
that in a criminal case the bias of Jurymen
unless drawn aside by
some personal or party
prejudice is always in
favour of the defendant.
For
It is the natural property of Judges who
are taken at hazard from the mixed body of the
people to be more sensible to the obvious mischief
which may result from the condemnation of a person
who by possibility may be innocent, than to the
less obvious but not more undesirable mischief
which results to the whole body of the innocent
from the acquitta discharge of one who in probability is
guilty: indeed this latter mischief seems commonly
to be regarded as nothing: so that the side which
is favourable to the defendant is looked upon not
only as the safer but as absolutely safe, and
the only one that is so.
Be this as it may it seems evident
that the countries where there is the greatest occasion
for the creation of such establishment of evidentiary offences upon
an independent footing are those in which the
abovementioned rule of evidence and the institution
of juries are established. In other countries the
same end is attained in perhaps a better manner
and may to a greater extent, by another expedient: which is
to set down the evidentiary circumstance under that
very appellation
head , leaving the inference to the discretion of the judge.
Thus In
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Identifier: | JB/087/174/004"JB/" can not be assigned to a declared number type with value 87. |
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174 |
indirect legislation |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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