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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 <unclear>procedure</unclear><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. | <!-- 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 <unclear>procedure</unclear><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 <unclear>anomaly</unclear> of this expense<lb/>it is equally injurious <add>prejudicial</add> to delinquency and to<lb/> innocence. Of this too as of all other relaxants<lb/> in the penal <add>executive</add> system it is the property to cover<lb/> real cruelty under the mask of <gap/> <add>mrecy</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, that what it takes away in<lb/> <unclear>certainty</unclear> may be made up in magnitude, it injures<lb/> them still more: | ||
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 anomaly of this 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 mrecy; 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:
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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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