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<head>1823. Sept<hi rend="superscript">m</hi>. 1.</head> | |||
<head>Constitutional Code.</head> | |||
<note>Ch. Quasi Jury</note><lb/> | |||
<note>S. Functions</note> | |||
<head>1.</head> | |||
<p>Qu.2. Why in each suit<lb/> seek to render jury authority<lb/> co-extensive with<lb/> judge's d<hi rend="superscript">o</hi>.?<lb/> Answer. Reasons.<lb/> 1. As an answer to Question<lb/> 1. If in one stage, <lb/> in another; demand, <lb/> same — so, temptations<lb/> to judge's probity.<lb/>2. Cause, why this extension<lb/> may be given to<lb/> the authority it's unobligatoriness.</p> | |||
<p>In complex causes, <lb/> vast the danger to justice<lb/> if the decisions of<lb/> the experience and <lb/> responsible judge c<hi rend="superscript">d</hi>.<lb/> on each occasion be<lb/> frustrated by the will<lb/> of a majority, or the<lb/> whole of these unexperienced<lb/> and irresponsible<lb/> individuals.</p> | |||
<p>In complex causes, <lb/> vast the danger to justice<lb/>if the decisions of <lb/> the experience and<lb/> responsible judge c<hi rend="superscript">d</hi>.<lb/> on each occasion be<lb/> frustrated by the will<lb/> of a majority, or the<lb/> whole of these unexperienced<lb/> and irresponsible<lb/> individuals.</p> | |||
<p>Trifling the utmost<lb/> evil when, as here (except<lb/> the allowing or disallowing<lb/> appeal in<lb/> certain <add>criminal</add> cases) no functions<lb/> area allotted other<lb/> than the auditive, interrogative<lb/> & censorial. </p> | |||
<pb/> | |||
<head>3.</head> | |||
<p>Anglicé, of all sittings<lb/> by judge or subordinates, <lb/> in which a suit <lb/> comes on the carpet, <lb/> only in one is a jury<lb/> introduced.</p> | |||
<head>4.</head> | |||
<p>Of this scantiness, in <lb/> the delineation of all<lb/> the effects, would be included<lb/> a detailed statistic<lb/> account of the Procedure System.<lb/> For a general conception, few<lb/> words may <del><gap/></del> suffice.</p> | |||
<head>5.</head> | |||
<p>1. In <hi rend="underline">non-penali</hi> -<lb/> jury power<del>s</del> as to all <lb/> but the quantum of compensation<lb/> money, where<lb/> any is given, is little<lb/> less than absolutely<lb/> subject to judge's.</p> | |||
<p>He can frustrate<lb/> pursuer's demand in<lb/> all cases: Defendant's<lb/> defence in many cases.</p> | |||
<head>6.</head> | |||
<p>2. Less so in penali.<lb/> On the innocent, he can<lb/> not drawn down punishment,<lb/> but by the power<lb/> of persuasion: as it's <lb/> efficiency, the certainty.</p> | |||
<p>But to the guilty, he<lb/> can give impunity in<lb/> every case. </p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
1823. Septm. 1.
Constitutional Code.
Ch. Quasi Jury
S. Functions
1.
Qu.2. Why in each suit
seek to render jury authority
co-extensive with
judge's do.?
Answer. Reasons.
1. As an answer to Question
1. If in one stage,
in another; demand,
same — so, temptations
to judge's probity.
2. Cause, why this extension
may be given to
the authority it's unobligatoriness.
In complex causes,
vast the danger to justice
if the decisions of
the experience and
responsible judge cd.
on each occasion be
frustrated by the will
of a majority, or the
whole of these unexperienced
and irresponsible
individuals.
In complex causes,
vast the danger to justice
if the decisions of
the experience and
responsible judge cd.
on each occasion be
frustrated by the will
of a majority, or the
whole of these unexperienced
and irresponsible
individuals.
Trifling the utmost
evil when, as here (except
the allowing or disallowing
appeal in
certain criminal cases) no functions
area allotted other
than the auditive, interrogative
& censorial.
---page break---
3.
Anglicé, of all sittings
by judge or subordinates,
in which a suit
comes on the carpet,
only in one is a jury
introduced.
4.
Of this scantiness, in
the delineation of all
the effects, would be included
a detailed statistic
account of the Procedure System.
For a general conception, few
words may suffice.
5.
1. In non-penali -
jury powers as to all
but the quantum of compensation
money, where
any is given, is little
less than absolutely
subject to judge's.
He can frustrate
pursuer's demand in
all cases: Defendant's
defence in many cases.
6.
2. Less so in penali.
On the innocent, he can
not drawn down punishment,
but by the power
of persuasion: as it's
efficiency, the certainty.
But to the guilty, he
can give impunity in
every case.
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Identifier: | JB/034/038/001"JB/" can not be assigned to a declared number type with value 34. |
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1823-09-01 |
1-6 |
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034 |
constitutional code |
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038 |
constitutional code |
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001 |
ch. quasi jury / functions |
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marginal summary sheet |
1 |
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recto |
d3 / e3 |
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john flowerdew colls |
j whatman turkey mill 1822 |
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admiral pavel chichagov |
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1822 |
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10312 |
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