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<head>4<!-- aligned to the right-hand margin, and in pencil --> <note>Ch. 3 . Principal Utilities</note></head><!-- note and heading in pencil --> | <head>4<!-- aligned to the right-hand margin, and in pencil --> <note>Ch. 3 . Principal Utilities</note></head><!-- note and heading in pencil --> | ||
<p><!-- indented --><note><gap/><!-- symbol -->.2 — < | <p><!-- indented --><note><gap/><!-- symbol -->.2 — <unclear>their</unclear> importance</note><!-- in pencil --> <note>Penal cases afford the most remarkable exemplification of this utility But of cases , penal in nature , though civil in name , the number & influences is important .</note><!-- note in pencil --> These advantages , it is true , depend more obviously , | ||
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and indeed <add>probably</add> in a <del>in</del> considerably greater degree on the application | and indeed <add>probably</add> in a <del>in</del> considerably greater degree on the application | ||
<lb/> | <lb/> | ||
of Jury trial to causes of the <del>new</del> <del>criminal</del> <add>penal</add> | of Jury trial to causes of the <del><unclear>new</unclear></del><!-- or, 'non' --> <del>criminal</del> <add>penal</add> | ||
<lb/> | <lb/> | ||
class , in so far as <add>a distinction in nature accompanies the distinction</add> | class , in so far as they are capable of being distinguished <add>a distinction in nature accompanies the distinction</add> | ||
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<add>in name</add> than in <add>its application to</add> <hi rend='underline'>non-penal</hi> called <hi rend='underline'>civil</hi> causes . | <add>in name</add> than in <add>its application to</add> <hi rend='underline'>non-penal</hi> called <hi rend='underline'>civil</hi> causes . | ||
16-Oct-2012: under construction by Diane Folan. Please do not amend.
24 May 1808
Jury anelysed,
4 Ch. 3 . Principal Utilities
.2 — their importance Penal cases afford the most remarkable exemplification of this utility But of cases , penal in nature , though civil in name , the number & influences is important . These advantages , it is true , depend more obviously ,
and indeed probably in a in considerably greater degree on the application
of Jury trial to causes of the new criminal penal
class , in so far as they are capable of being distinguished a distinction in nature accompanies the distinction
in name than in its application to non-penal called civil causes .
But in a constitutional view its influence , as
applied to these civil causes is at once too extensive and multifarious
to be readily estimated , and much too great to be
safely neglected .
The constitutional efficacy of Jury trial extended to Scotland , by its efficacy in England . Of this part of its influence Scotland , it may be
remarked on the other side , has never had the benefit .
Besides, that as to this , by far the most important of the benefits of Jury trial , Scotland enjoys it . But Scotland being the miner kingdom , the constitution
of enjoyed in Scotland has been the constitution
formed in England : formed in the major kingdom, the
constitution of which had had the full benefit of Jury trial
in its application as well to civil as to criminal
causes
On the other hand again , this be constitutional benefit —
by far the most important of the benefits which it is
in the power of Jury trial to confer and , secure — this
principal benefit , Scotland has all along possessed , and would
welcome to possess without the exclusion of this mode of
trial to civil causes — to any oth causes other than those
to which in Scotland it extends at present .
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constitutional code; evidence; procedure code |
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jeremy bentham |
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