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<head><note>Tit VII B</note> Obs.</head><!-- heading and note in pencil --> | <head><note>Tit VII B</note> Obs.</head><!-- heading and note in pencil --> | ||
<p | <p><note>District Court of Appeal</note><!-- in pencil --> preferred evidently <!-- foreign text checked: http://www.thefreedictionary.com/mala+fide --><foreign><sic>malâ fide</sic></foreign><!-- it should be 'malā fidē' --> accompanied with | ||
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an evident consciousness of | an evident consciousness of there being groundless | ||
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This check can not be applied in the case of capital | This check can not be applied in the case of capital | ||
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punishment without a degree of severity too | punishment without a degree of severity too | ||
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unpopular to be endured : and the case will be | unpopular to be endured: and the case will be | ||
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nearly the same in all instances where the | nearly the same in all instances where the | ||
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artifices that can be employed for driving the | artifices that can be employed for driving the | ||
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fatal moment to a distance . | fatal moment to a distance. | ||
<lb/ | <lb/></p> | ||
<p><!-- indented --><del>Complaints for misb</del> <del>But why</del> If a complaint | <p><!-- indented --><del>Complaints for misb</del> <del>But why</del> If a complaint | ||
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for misbehaviour were allowed when there is no | for misbehaviour were allowed when there is no | ||
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appeal , <del>the</del> <add>a possible</add> consequence would be that a Judge | appeal, <del>the</del> <add>a possible</add> consequence would be that a Judge | ||
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should be punished for <del>condemn</del> an unjust | should be punished for <del>condemn</del> an unjust | ||
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sentence <del>when the sentence is <gap/></del> <add>under the same Case which</add> renders | sentence <del>when the sentence is <gap/></del> <add>under the same Case which</add> renders | ||
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the suspension of that sentence impossible . This | the suspension of that sentence impossible. This | ||
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at least may be the case when the punishment | at least may be the case when the punishment | ||
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is capital or consists in the infliction of some | is capital or consists in the infliction of some | ||
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<del>other irreparable</del> <add><del><gap/></del> other irreparable</add> corporal injury , <del>which the</del> | <del>other irreparable</del> <add><del><gap/></del> other irreparable</add> corporal injury, <del>which the</del> | ||
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such as branding . And this is one of the numerous | such as branding. And this is one of the numerous | ||
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reasons against capital punishment . | reasons against capital punishment. | ||
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It is to guard against this contingency that | It is to guard against this contingency that | ||
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of an appeal <add>before a superior Judge</add> to the same <add>sets of</add> persons to | of an appeal <add>before a superior Judge</add> to the same <add>sets of</add> persons to | ||
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whom I give in Tit . XV. the <del>power of</del> <add>option</add> reclaiming | whom I give in Tit. XV. the <del>power of</del> <add>option</add> reclaiming | ||
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the intervention of a Jury . | the intervention of a Jury. | ||
<lb/></p> | <lb/></p> | ||
Tit VII B Obs.
District Court of Appeal preferred evidently malâ fide accompanied with
an evident consciousness of there being groundless
This check can not be applied in the case of capital
punishment without a degree of severity too
unpopular to be endured: and the case will be
nearly the same in all instances where the
severity of the punishment serv will appear
in the eyes of the multitude to warrant any
artifices that can be employed for driving the
fatal moment to a distance.
Complaints for misb But why If a complaint
for misbehaviour were allowed when there is no
appeal, the a possible consequence would be that a Judge
should be punished for condemn an unjust
sentence when the sentence is under the same Case which renders
the suspension of that sentence impossible. This
at least may be the case when the punishment
is capital or consists in the infliction of some
other irreparable other irreparable corporal injury, which the
such as branding. And this is one of the numerous
reasons against capital punishment.
It is to guard against this contingency that
I give the power of app compelling the allowance
of an appeal before a superior Judge to the same sets of persons to
whom I give in Tit. XV. the power of option reclaiming
the intervention of a Jury.
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Identifier: | JB/051/284/002"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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284 |
obs. |
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002 |
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text sheet |
2 |
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recto |
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jeremy bentham |
floyd & co |
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arthur young |
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16449 |
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