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danger of abuse by means of the expedient <del>proposed</del><lb/> | danger of abuse by means of the expedient <del>proposed</del><lb/> | ||
<del>in</del> suggested in the book <del>concerning</del> <add>relative to</add> Procedure. <note>See</note><lb/></p> | <del>in</del> suggested in the book <del>concerning</del> <add>relative to</add> Procedure. <note>See</note><lb/></p> | ||
<note>Danger of false prosecutions greater in this case than others.</note><lb/> | <p><note>Danger of false prosecutions greater in this case than others.</note><lb/> | ||
A <del>seri</del> very serious objection however to the<lb/> | A <del>seri</del> very serious objection however to the<lb/> | ||
punishment of this offence is the <del><gap/></del> opening it makes<lb/> | punishment of this offence is the <del><gap/></del> opening it makes<lb/> | ||
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some particular tests of guilt; the absence of which<lb/> | some particular tests of guilt; the absence of which<lb/> | ||
constitutes so many tests <add><sic>criterions</sic></add> of innocence: <note>The evidence of persons may <add>will</add> be in some way or other confirmed by the evidence of things.</note> In <add>the ordinary</add> offences against<lb/> | constitutes so many tests <add><sic>criterions</sic></add> of innocence: <note>The evidence of persons may <add>will</add> be in some way or other confirmed by the evidence of things.</note> In <add>the ordinary</add> offences against<lb/> | ||
property, the <add>circumstances of the</add> articles being [missing] <add>damaged | property, the <add>circumstances of the</add> articles being [missing] <add>damaged or seen in an undue place</add>: In offences against<lb/> | ||
person, the marks of violence upon the person. In<lb/> | person, the marks of violence upon the person. In<lb/> | ||
these and in short in all other or almost all other<lb/> | these and in short in all other or almost all other<lb/> | ||
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some circumstances <add>will take place</add> relative to the appearance of things.<lb/> | some circumstances <add>will take place</add> relative to the appearance of things.<lb/> | ||
<del>will</del> <del>and</del> will actually place, and will therefore be<lb/> | <del>will</del> <del>and</del> will actually place, and will therefore be<lb/> | ||
expected to be proved. In <add>the case of</add> Rape for instance where<lb/> | expected to be proved. <note>In <del>all</del> <add>any</add> offence<del>s</del> which had hatred for their motive, the progress of the quarrel will afford a number of characteristic circumstances to fix <del><gap/></del> <add>the imputation</add> upon the <del>guilty</del> person who is guilty</note> In <add>the case of</add> Rape for instance where<lb/> | ||
<del>a virgin is the object of it</del> <add>committed on a virgin</add>, particular <add>characteristic</add> appearances<lb/> | <del>a virgin is the object of it</del> <add>committed on a virgin</add>, particular <add>characteristic</add> appearances<lb/> | ||
will not fail to have been produced; and even where<lb/> | will not fail to have been produced; and even where<lb/> | ||
<add>the object has been</add> a married woman <del>has been</del> or a person of the same sex <add>marks</add><lb/> | <add>the object has been</add> a married woman <del>has been</del> or a person of the same sex <add>marks</add><lb/></p> | ||
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C Paederasty
times when it was not punished it prevailed to a
very great degree: in modern times in the very same
countries since it has been punished it has prevailed
in a much less degree.
Punishment of it were it not groundless would be unprofitable
Besides this the mischief produced by the punishment
in this way may be lessened in a considerable
degree by making the trial and all the other
proceedings private, which may be done without any
danger of abuse by means of the expedient proposed
in suggested in the book concerning relative to Procedure. See
Danger of false prosecutions greater in this case than others.
A seri very serious objection however to the
punishment of this offence is the opening it makes
for false & malicious prosecutions. This danger in every case weighs
something against the reasons for applying punishment;
but in this case it weighs much more
considerably than perhaps in any other. Almost every other offence affords
some particular tests of guilt; the absence of which
constitutes so many tests criterions of innocence: The evidence of persons may will be in some way or other confirmed by the evidence of things. In the ordinary offences against
property, the circumstances of the articles being [missing] damaged or seen in an undue place: In offences against
person, the marks of violence upon the person. In
these and in short in all other or almost all other
offences cases where the offence has really been committed
some circumstances will take place relative to the appearance of things.
will and will actually place, and will therefore be
expected to be proved. In all any offences which had hatred for their motive, the progress of the quarrel will afford a number of characteristic circumstances to fix the imputation upon the guilty person who is guilty In the case of Rape for instance where
a virgin is the object of it committed on a virgin, particular characteristic appearances
will not fail to have been produced; and even where
the object has been a married woman has been or a person of the same sex marks
Identifier: | JB/072/203/003"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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203 |
paederasty |
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003 |
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text sheet |
4 |
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recto |
f49 / / f51 / f52 |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield emblem]]] |
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23820 |
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