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11<add>th</add> Sept<add>r</add> 1825<lb/><note>Ch. Off. affect<add>g.</add> person <add>body?</add> or<lb/>(5 §. 6. Homicide</note><p><note>9<lb/>Where <add>no such</add> proportionality<lb/>the effect is a bounty<lb/>on the more mischievous<lb/>offence</note><lb/>Where this rule of proportionality is not observed<lb/>the want of it has the effect of a bounty in favor of the<lb/>more mischievous offence: in favor of as many offences as<lb/>have below them other offences of a less mischievous tendency.<lb/>Thus in the case of the most mischievous of ten offences<lb/>it operates as a bounty upon at least nine others, that are<lb/>more mischievous.</p><p><note>10<lb/>Thus under English<lb/>law punishment of<lb/>death operates as a<lb/>bounty on murder.</note><lb/>Thus it is that under English Law the punishment<lb/>of death so dear to Legislatory and Judges, and<lb/>perpetually so near to their optics, as to eclipse the view of<lb/>their own personal safety, operates as a bounty on murder<lb/>in a variety of its most mischievous and tremendous forms:<lb/>and if under such law instances in which offences of a<lb/>predatory nature, have murder for their accompaniment are<lb/>comparatively so rare, the scarcity is owing to any thing<lb/>rather than common humanity or common prudence on the<lb/>part of these same warranted or unwarranted Legislatory:<lb/>to that humanity which the ruling few — the higher orders<lb/>have not by their inhumanity or carelessness or want of<lb/>discernment been enabled to distinguish in the breasts of the<lb/>worst of the subject many — the lowest orders: partly to<lb/>this, & partly to the increase which to the malefactor is<lb/>sensible, will be given to the activity of the lower orders in<lb/>their character of<lb/>Members of the Public<lb/>Opinion Tribunal, by,<lb/>and in proportion to,<lb/>the magnitude of the<lb/>crime.</p> | |||
11th Septr 1825
Ch. Off. affectg. person body? or
(5 §. 6. Homicide
9
Where no such proportionality
the effect is a bounty
on the more mischievous
offence
Where this rule of proportionality is not observed
the want of it has the effect of a bounty in favor of the
more mischievous offence: in favor of as many offences as
have below them other offences of a less mischievous tendency.
Thus in the case of the most mischievous of ten offences
it operates as a bounty upon at least nine others, that are
more mischievous.
10
Thus under English
law punishment of
death operates as a
bounty on murder.
Thus it is that under English Law the punishment
of death so dear to Legislatory and Judges, and
perpetually so near to their optics, as to eclipse the view of
their own personal safety, operates as a bounty on murder
in a variety of its most mischievous and tremendous forms:
and if under such law instances in which offences of a
predatory nature, have murder for their accompaniment are
comparatively so rare, the scarcity is owing to any thing
rather than common humanity or common prudence on the
part of these same warranted or unwarranted Legislatory:
to that humanity which the ruling few — the higher orders
have not by their inhumanity or carelessness or want of
discernment been enabled to distinguish in the breasts of the
worst of the subject many — the lowest orders: partly to
this, & partly to the increase which to the malefactor is
sensible, will be given to the activity of the lower orders in
their character of
Members of the Public
Opinion Tribunal, by,
and in proportion to,
the magnitude of the
crime.
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Identifier: | JB/067/214/001"JB/" can not be assigned to a declared number type with value 67. |
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1825-09-11 |
9-10 |
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067 |
penal code |
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214 |
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001 |
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copy/fair copy sheet |
1 |
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recto |
e5 |
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richard doane |
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22047 |
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