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1826. May 17.<lb/>1<head>Penal Code.</head><lb/><note>Ch. VI. Offences affect<add>g</add> use of prop.<lb/>§. 10. Stealing</note><p>In regard to the offence of Stealing</p><p>In <del>some</del> <add>divers</add> codes, but in the English codes more<lb/>particularly, a practice has hitherto prevailed<lb/>of establishing an indeterminable number of diversifications,<lb/>in respect of the punishment, followed in some<lb/>codes by corresponding ones in the mode of prosecution.<lb/>— The scale of punishment rising from impunity to<lb/>death. The principle in so far as anything in<lb/>the shape of reason or principle has found admittance<lb/>into the thoughts of the legislator seems to have been<lb/>this. In some of these cases facility of stealing —<lb/>the probability of escaping from detection and thence<lb/>from punishment receives from some of these<lb/>circumstances an increase; but, in the eyes of the person<lb/>unde temptation the less the probability of his<lb/>incurring the punishment the less effective will be<lb/>the influence of the apprehension of it, unless by<lb/>some means or other a <gap/> be provided for<lb/>the deficiency. Sole instrument of <gap/> in the<lb/>case, increase in the magnitude of the punishment:<lb/>for as to any increase by means of <gap/><lb/><del>or</del> in the modes of prosecution or in the laws of<lb/>evidence — that is what cannot be thought of the law<lb/>being in a scale of perfection it is supposed in<lb/>both those respects, and it would remain to be shown, how if in <gap/><lb/>cases any <gap/> were advisable, it should not be<lb/>equally so in every other.</p> | |||
1826. May 17.
1Penal Code.
Ch. VI. Offences affectg use of prop.
§. 10. Stealing
In regard to the offence of Stealing
In some divers codes, but in the English codes more
particularly, a practice has hitherto prevailed
of establishing an indeterminable number of diversifications,
in respect of the punishment, followed in some
codes by corresponding ones in the mode of prosecution.
— The scale of punishment rising from impunity to
death. The principle in so far as anything in
the shape of reason or principle has found admittance
into the thoughts of the legislator seems to have been
this. In some of these cases facility of stealing —
the probability of escaping from detection and thence
from punishment receives from some of these
circumstances an increase; but, in the eyes of the person
unde temptation the less the probability of his
incurring the punishment the less effective will be
the influence of the apprehension of it, unless by
some means or other a be provided for
the deficiency. Sole instrument of in the
case, increase in the magnitude of the punishment:
for as to any increase by means of
or in the modes of prosecution or in the laws of
evidence — that is what cannot be thought of the law
being in a scale of perfection it is supposed in
both those respects, and it would remain to be shown, how if in
cases any were advisable, it should not be
equally so in every other.
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Identifier: | JB/067/328/001"JB/" can not be assigned to a declared number type with value 67. |
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1826-05-17 |
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067 |
penal code |
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328 |
penal code |
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1 |
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recto |
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john neal |
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22161 |
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