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<!-- date, heading and marginal notes in pencil --> <p> August 1805 5</p> <head><del>Evidence</del> Procedure</head> <p><note>Procedure Remand<lb/> <sic.Ch.</sic> Jury</note></p> <p> (1 <note>§§.3 Reasons</note></p> <p. In the estimation of vulgar prejudice and enthusiasm, Jury Trial<lb/>is apt to be considered <del>rather as</del> not merely as a means, but <lb/> even as an end. In the present plan it is considered purely<lb/>as <del>an end</del> means. Were it considered as an end <add> By <del><gap/></del> any one who should consider it</add> the endeavour<lb/> would be to give every possible extent to the application of it, without<lb/> regard to the real end of justice. Being considered here purely<lb/>as a means, and even as a means the efficiency <add>efficiency</add> and ultimate<lb/> utility of which is modified in a considerable degree by<lb/> the circumstances of time and place, it is employed wherever<lb/> the employment of it promises to be conducive to the ends of<lb/> justice, left unemployed wherever the employment of it appears<lb/> <sic>unconducive</sic> <add>adverse</add> to the ends of justice, without regard to the question<lb/> whether upon the whole the employment of <add>given to</add> it be more excessive<lb/> than under the existing system or less extensive.</p> <p>Under the existing system the heads of advantage <gap/> <add> utility of this system is <gap/> /mode of trial in comparison of others</add><lb/> <add>In two general/principal heads</add> to this system are reducible to two: the mode of collecting the<lb/> evidence, and the composition of the Court: <add>nature of the judicature</add> the former <del>purely collateral</del> <lb/> attached to the system but by accident, the other essential <add> constituting the</add> <lb/> to it <add> essence of it</add> Of these <add>two<a/dd> advantages the former is possessed by the<lb/> natural system of procedure, under the form here proposed for it, and<lb/> as hath already been seen in a much superior degree.</p> <p> <del>The advantage</del> In respect of the <add>its</add> essential advantage, Trial<lb/> by Jury is of use but in one or other of two ways, and therefore<lb/> upon one or other or other of two suppositions: 1. that <del>there</del> <lb/> in the case in question, the permanent and professional Judge will <lb/> not deserve or at least will not possess <del>to the</del> <add> in the wished for<a/dd> degree <del>that</del> will not<lb/> possess in a degree equal to that in which a Jury would possess, the<lb/> pubic confidence: the other is, that in certain cases, to <gap/> cases<lb/> of doubt it may be a relief to the failings of the <gap/> Judge, and perhaps a<lb/> safeguard to his character, to have this solution of an difficulty committed <lb/><!-- continues along the edge of the page --> to the other hand: Viz: to the hands of a set of men<lb/> whom the absence of individual responsibility secures<lb/> against reproach and jealousy.</p> | |||
August 1805 5
Evidence Procedure
Procedure Remand
<sic.Ch.</sic> Jury
(1 §§.3 Reasons
<p. In the estimation of vulgar prejudice and enthusiasm, Jury Trial
is apt to be considered rather as not merely as a means, but
even as an end. In the present plan it is considered purely
as an end means. Were it considered as an end By any one who should consider it the endeavour
would be to give every possible extent to the application of it, without
regard to the real end of justice. Being considered here purely
as a means, and even as a means the efficiency efficiency and ultimate
utility of which is modified in a considerable degree by
the circumstances of time and place, it is employed wherever
the employment of it promises to be conducive to the ends of
justice, left unemployed wherever the employment of it appears
unconducive adverse to the ends of justice, without regard to the question
whether upon the whole the employment of given to it be more excessive
than under the existing system or less extensive.
Under the existing system the heads of advantage utility of this system is /mode of trial in comparison of others
In two general/principal heads to this system are reducible to two: the mode of collecting the
evidence, and the composition of the Court: nature of the judicature the former purely collateral
attached to the system but by accident, the other essential constituting the
to it essence of it Of these two<a/dd> advantages the former is possessed by the
natural system of procedure, under the form here proposed for it, and
as hath already been seen in a much superior degree.
The advantage In respect of the <add>its essential advantage, Trial
by Jury is of use but in one or other of two ways, and therefore
upon one or other or other of two suppositions: 1. that there
in the case in question, the permanent and professional Judge will
not deserve or at least will not possess to the <add> in the wished for<a/dd> degree that will not
possess in a degree equal to that in which a Jury would possess, the
pubic confidence: the other is, that in certain cases, to cases
of doubt it may be a relief to the failings of the Judge, and perhaps a
safeguard to his character, to have this solution of an difficulty committed
to the other hand: Viz: to the hands of a set of men
whom the absence of individual responsibility secures
against reproach and jealousy.
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Identifier: | JB/057/098/001"JB/" can not be assigned to a declared number type with value 57. |
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057 |
evidence; procedure code |
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098 |
[[info_in_main_headings_field::[evidence deleted] procedure]] |
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001 |
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1 |
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recto |
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jeremy bentham |
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18428 |
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