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<note> | <note>Ins<hi rend="superscript">a</hi><lb/> | ||
Incompetency</note><head>Punishment in alienam personam</head> | Incompetency</note> | ||
<head>Punishment <foreign>in alienam personam</foreign></head> | |||
<p>to save the convict. The general prejudice of mankind<lb/> | <p>to save the convict. The general prejudice of mankind<lb/> | ||
as we have <add>before</add> | as we have <add>before</add> observed, leads them to exaggeration<lb/> | ||
<del>on them</del><add>in the</add> judgement they pronounce of the general<lb/> | <del>on them</del> <add>in the</add> judgement they pronounce of the general<lb/> | ||
tenor of a man's character; from a single action:<lb/> | tenor of a man's character; from a single action:<lb/> | ||
in particular to spread the stain that a single<lb/> | in particular to spread the stain that a single<lb/> | ||
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It is from having been the dupes <add>as I take it</add> of this prejudice<lb/> | It is from having been the dupes <add>as I take it</add> of this prejudice<lb/> | ||
that even judges, the <sic>antient</sic> who first laid<lb/> | that even judges, the <sic>antient</sic> who first laid<lb/> | ||
down the law upon this point, first broached<add><del>brought af</del></add> this<lb/> | down the law upon this point, first broached <add><del>brought af</del></add> this<lb/> | ||
rule. It may always be expected to work at least<lb/> | rule. It may always be expected to work at least<lb/> | ||
as strongly as it ought to work upon Juries <del><gap/></del> taken<lb/> | as strongly as it ought to work upon Juries <del><gap/></del> taken<lb/> | ||
from the body of the people.</p> | from the body of the people.</p> | ||
<p>Were it then abolished, the conduct of Juries<lb/> | <p>Were it then abolished, the conduct of Juries<lb/> | ||
<note>The above | <note>The above are proper<lb/> | ||
as objections<lb/> | as objections<lb/> | ||
not to <del>the</del> competency<lb/> | not to <del>the</del> competency<lb/> | ||
but only to<lb/> | but only to<lb/> | ||
credibility</note> then you think, would nearly be the same as if it<lb/> | credibility</note> then you think, would nearly be the same as if it<lb/> | ||
subsisted?... I think it probable,-- What <del>profit</del><add>advantage</add><lb/> | subsisted?... I think it probable,-- What <del>profit</del> <add>advantage</add><lb/> | ||
then | then would you gain by the abolition?... This<lb/> | ||
great one. The chance that a delinquent might<lb/> | great one. The chance that a delinquent might<lb/> | ||
have of impunity in such a case would no<lb/> | have of impunity in such a case would no<lb/> | ||
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charged, not having been committed it was<lb/> | charged, not having been committed it was<lb/> | ||
suffer'd to go unpunished. This then is the advantage<lb/> | suffer'd to go unpunished. This then is the advantage<lb/> | ||
and I think a <del>great cannot</del><add>more conclusive <gap/> <gap/> will</add> be required to <add><del>justify</del></add><lb/> | and I think a <del>great cannot</del> <add>more conclusive <gap/> <gap/> will</add> be required to <add><del>justify</del></add><lb/> | ||
justify any institution</p><pb/> | justify any institution</p><pb/> | ||
Insa
Incompetency
Punishment in alienam personam
to save the convict. The general prejudice of mankind
as we have before observed, leads them to exaggeration
on them in the judgement they pronounce of the general
tenor of a man's character; from a single action:
in particular to spread the stain that a single
act of delinquency brings upon a man's character
farther than according to reason it ought to go.
It is from having been the dupes as I take it of this prejudice
that even judges, the antient who first laid
down the law upon this point, first broached brought af this
rule. It may always be expected to work at least
as strongly as it ought to work upon Juries taken
from the body of the people.
Were it then abolished, the conduct of Juries
The above are proper
as objections
not to the competency
but only to
credibility then you think, would nearly be the same as if it
subsisted?... I think it probable,-- What profit advantage
then would you gain by the abolition?... This
great one. The chance that a delinquent might
have of impunity in such a case would no
longer be visible upon paper: he would no longer
see a formal licence given him by the letter of
the law to committ all manner of wickedness in
presence of [such an object] an object circumstanced
like the party in question: if a guilty person were
aquitted upon that ground it would appear
as if upon the whole story was not credible, and
that in fact as no such crime was committed as was
charged, not having been committed it was
suffer'd to go unpunished. This then is the advantage
and I think a great cannot more conclusive will be required to justify
justify any institution
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Identifier: | JB/141/147/002"JB/" can not be assigned to a declared number type with value 141. |
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not numbered |
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141 |
rationale of punishment |
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147 |
punishment in alienam personam |
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002 |
incompetency |
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text sheet |
2 |
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recto |
f60 / f61 |
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jeremy bentham |
l v g |
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caroline vernon |
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48364 |
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