JB/050/006/001

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20-Jul-2012: under construction by Diane Folan. Please do not amend.

PROCEDURE - Summary View . Conviction on — State of the question concerning the expediency of allowing.

Of all modes of judiciary demonstration , Vices[+] {+] consider'd merely with reference to the magistrate himself as a means of information
ie : of the Magistrate is manifestly the most
compleat — In this case the several characters
of Prosecutor Witness and Judge are
in his single person . characters such , that it
following entirely to the imperfection of the
human faculties that they are ever separated permitted
in separation : which united in beings
such as are by accident , are by essence united in the
allperfect judge. [in virtue of] by his essence .

distribution At every separation of characters functions thus necessary
to concur towards the constatement of the fact
in question , a fresh degree of uncertainty is produced .

It is only because he cannot always see every thing
with his own eyes , that the Magistrate is permitted
to see any thing with the eyes of others .
But the enlightening of the Magistrate is not
the sole end of the formalities of Procedure . It —
scarcely is in the Jurisprudence of any civilized
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polished nation ; least of all is it in our's .
The applying+ + punishing — administering , affording a check to the corrupt affections
which may influence every judge, as they
may every man — by holding up the same
lights// // determinatives to others - number of persons besides , that are
presented to the judge they are thus enabled to judge from
the force sentiment of those determinatives upon themselves
and from that of their own conclusion in consequence ,
whether it was by the same determinatives
that the has conclusion was governed — (as it
ought to be) or by other sinister ones , irrevelant irrelative
to the merits.

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According to an absurd doctrine laid down in
12 Mod. 688. An Act of Parliament presenting allowing
of Conviction on View should is be void:
for an Act of Parliament is void says the
Court , that, makes the same person both Judge
and party .

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There is always therefore a certain contingent danger contingent mischief in the <add>danger in a certain degree</add></add> of
undue punishment (not of undue discharge undue impunity)
for acquittal in view , has in no instance that
I ever heard of been appointed + + is a thing I suppose , unknown.) from [ the [
of these formalities and] aggregating of this distinct
functions to that of the Judge.

There is on the other hand also a contingent evil
in the danger of undue impunity from the want
of their being thus aggregated .

Now of these 2 evils the lst is to the second , as the
number pain resulting from the number of in the 3 stages of it's progress through
the community , the pain I say of produced I say <add>in the 1st case by</add> an instance
of undue punishment for the offence , multiplied by the number
of instances in which it may be reported
& that product by the chances for it's being
repeated , is to the pain produced by an
instance of the offence itself , multiplied by the
difference between the chances against it's being
committed when prosecuted in this summary
way , & when only in the common one. Upon this state of the question

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They who think the first danger the greatest depending upon this a given offence in question together with its punishment of pain within a given
period in the first case , has been or could be
greater than in the second , must be of opinion
that Conviction on View ought not to be allowd
of for that offence — they who think the contrary
must be of opinion that it ought .

PROCEDURE Summary View conviction on — State of the question concern-/ [-ing the expediency of allowing.

Identifier: | JB/050/006/001"JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	006	Info in main headings field	procedure summary view conviction on - state of the questions concerning the expediency of allowing
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown] [lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15997
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