JB/065/052/001

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1826. Augt. Septr. 25.
Penal CodeCh. Aggravations
§.

Of this doctrine of aggravations, the principal
use in practice seems to be the giving to the punishment,
in cases of extraordinary mischief – the
quality of characteristicalness for the purpose of exemplarity:
the effect aimed at is the making an impression
upon the public opinion tribunal that the influence
of that authority may with the greater force
be applied to the repression of the offence.

Happily these cases in which the evil receives
any such prodigious augmentation, are comparatively
rare. For, so far as they have place,
then comes the dilemma, appoint for the greater
evil no greater punishment than for the less,
here, in respect of everything that is above the
less, you grant a license for the commission of the
offence: augment the punishment in proportion
to the augmentation of evil on the part of the offence,
before you have proceeded to any considerable
length in this track, you have screwed
up the punishment to such a hight that public
humanity can not endure the idea of it,
parties injured sink from prosecution, witnesses
prefer mendacity to what in their eyes is cruelty.
Be the sort of offence what it may, number
of instances, aggravated and unaggravated cases together,
in which it has been committed in the
course of a year, so and so, what has been the
number of the cases accompanied with the several
circumstances of aggravation. This will
give you the whole of the possible benefit derivable
from

Identifier: | JB/065/052/001"JB/" can not be assigned to a declared number type with value 65.
Date_1	1826-09-25	Marginal Summary Numbering
Box	065	Main Headings	Penal Code
Folio number	052	Info in main headings field	Penal Code
Image	001	Titles
Category	Collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering	C3
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	20705
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