JB/035/004/001

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Trial by Jury —
the sanctuary of
regular that is of
expensive complicated &
expensive Justice

Lawyers interested
in of Juries
1. because they
are always called
on them
2. because the
proceeding is
complicated
3. because the
result is uncertain

Libel

That a libel is any thing
which a man
would not like
to have said of
him

That the truth
of the imputation
convey'd by it
instead of being
a justification,
is not so much
an extenuation

Now we have
the
begging of the question
which is characteristic
of the new reasoning
of Blackstone
Jurymen or, to be
as are
when the question
is whether they are
so.

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Causes of its popularity.

1. 4 utility
2. 5 Antiquity. 3. 2 Present Relative utility
4 1 excellencies
5 6. Lawyers intracted
clogia.
6. Relative utility. 7 The only popular Jury
of the judic. establishment.
7 Its rise to soften capital
punishment.

I would not
have them Judges
but masters of
the Judges

Pennsylvanians

Pennsylvanians
Will have a Jury
— Who are they afraid
of? what form the
jaws of what
monster is there
the Jury to save
them? What
Judge is there who
is not upon his
good behaviour.

The Committee
have killed the
Parliament and
they are frightened haunted
out of their costs
by these Ghosts.

2

Unless There would not
be so much as a
newspaper in England
nor a book
of history.
Unless inconsistency
were added
to absurdity

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If they had not done
their duty
broke their oath
they would not have
been of any use

When you have
bad laws with
an upright Judge
Upon the mischief
of them?
No — unless you
allow them to make
he will
use of his reason, he
makes the most
of it.

You pass good
laws — you establish
a constitution which
will ensure your
never housing
any other than
good ones — and
you crown it with
a return of
judicature the
only use of which
is to turn your
laws into waste
paper which
is to render them
impotent &
ineffectual

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Causae, Alledged advantages

1 Death
What then would
you put the
lives of men citizens
into the hands
of a single Judge
without a Jury?
No, surely: nor
with one neither
Look at the arguments
for Juries:
the strongest of them
always build themselves
avowedly upon the
supposition of
capital punishment:
and because
you will
have capital
punishment, you
must have Juries.
All such These arguments
doubtless
have their weighs:
these something
at the bottom of
them there is
undoubtedly:
what is it? That
trial by Jury is
a good mode of
trial? No: but
that capital death punishment
is a bad
mode of punishment.
That you
should try every
body by Juries?
No — but that you
should punish nobody
with death.

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Parallel

If you don't mean
the Jury should have
a negative upon
the Judge's decision
why institute them?
If you do know
if amotion is a much
better. a Jury
can only put their
negative pro
comes another
Jury and is reduced
by the Judge
Power of Amotion
will afford no
in an individual
instance.
But: an individual
instance is nothing

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The laws are complicated
and as
for the
complication You
add further complication.

Law and fact.
It must be the
legislator that
draws the line

The question of
law is to know,
whether the evidence
affords proof of a
fact that comes
under the discription
of any the fact
described in the words of such
or such a part of
the law: But
to know that the
law must have existence — the words
of it must be given

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Causa popular

Sources of error
applying transferring notions
that were just
under the despotic
system to the system
of liberty —
Examples
1. Independence of
Judges.
2. Non-venality
of judicial offices

Answering a broad-bottomed
despotism.

No complaint of
tormenics of Juries
ex Justinus — a
sure proof of this
probity

Known improbity
of Juries in those
cases yet no complaint —
why
because no individual
is interested.

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Identifier: | JB/035/004/001"JB/" can not be assigned to a declared number type with value 35.
Date_1		Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	004	Info in main headings field	jury brouillon
Image	001	Titles
Category	rudiments sheet (brouillon)	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::l munn [britannia with shield emblem]]]
Marginals		Paper Producer	benjamin constant
Corrections		Paper Produced in Year
Notes public		ID Number	10597
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