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well as the former</p> | well as the former</p> | ||
<p><note><!-- in pencil -->Collusion amicable — interested</note> Collusion may be distinguished into amicable<lb/> | |||
and interested: the first has for its <add>sole</add> object the<lb/> | |||
favouring of the Defendant: the <del>letting</del> <add>saving</add> him <del>off</del><lb/> | |||
from the whole of the punishment if possible, and<lb/> | |||
at any rate from as much as possible. The other<lb/> | |||
has for its object whatever benefit is to be made<lb/> | |||
by the prosecutor <add>colluder</add> at his <sic>expence</sic>. Of both<lb/> | |||
<add>if successful</add> the effect is to free <add>Either frees</add> him from some punishment:<lb/> | |||
but <add>by</add> the former <add>he</add> may freed <del>him</del> from the whole,<lb/> | |||
by the latter only from a part: since whatever<lb/> | |||
the colluder gets at the defendant's <sic>expence</sic>, <del><gap/></del><lb/> | |||
operates as far as it goes <add>in some degree</add> in the character of punishment.</p> | |||
<p><note><!-- in pencil -->Its <gap/></note> Interested collusion <del>has two bad</del> <add>or composition as it is called</add> is pernicious<lb/> | |||
in two ways. It produces a partial impunity by<lb/> | |||
exempting the defendant <add>a delinquent</add> from a part more or <add>less</add></p> | |||
19
Judicial Tit. V. Ch. VII Purs
7. Means Collusion has for its object the interest either of
the defendant or of the prosecutor. In the first
case the design of it is to free him from as
much of the punishment as possible: and from
the whole if possible: in the other the object is
to draw obtain for the prosecutor what advantage
is to be had, without regard to the defendant.
In both the latter case however as
well as the former
Collusion amicable — interested Collusion may be distinguished into amicable
and interested: the first has for its sole object the
favouring of the Defendant: the letting saving him off
from the whole of the punishment if possible, and
at any rate from as much as possible. The other
has for its object whatever benefit is to be made
by the prosecutor colluder at his expence. Of both
if successful the effect is to free Either frees him from some punishment:
but by the former he may freed him from the whole,
by the latter only from a part: since whatever
the colluder gets at the defendant's expence,
operates as far as it goes in some degree in the character of punishment.
Its Interested collusion has two bad or composition as it is called is pernicious
in two ways. It produces a partial impunity by
exempting the defendant a delinquent from a part more or less
Identifier: | JB/051/280/001"JB/" can not be assigned to a declared number type with value 51. |
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051 |
evidence; procedure code |
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280 |
judicial tit. v |
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001 |
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text sheet |
4 |
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recto |
f19 / f20 / f21 / f22 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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16445 |
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