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'' | <head>32 C</head> | ||
<head>Of Co-offenders</head> | |||
<head>Quest. III</head> | |||
Why a justification applying to the instigator <add>is made to</add> extend<del>s</del><lb/> | |||
to the perpetrators as to every punishment but <sic>cautionation</sic>. | |||
<head>Reasons</head> | |||
<p><note>Because there is no alarm: & <del>the</del> <sic>cautionation</sic> provides against the danger.</note> In this case there is no attempt distinguishable as<lb/> | |||
in the last preceding: <del>the ala</del> In that case it is true the<lb/> | |||
alarm is not likely to be very great: but in this it is<lb/> | |||
likely to be still less. The other part of the secondary<lb/> | |||
mischief, viz: the real danger is indeed the same in<lb/> | |||
both cases. But the bulk of mankind in such cases<lb/> | |||
are not apt to infer danger but where they see actual<lb/> | |||
mischief: and the danger <sic>consider'd</sic> apart from the<lb/> | |||
alarm may be provided <del>for</del> <add>against</add> by the expedient of <sic>cautionation</sic>.</p> | |||
<p>This case and the preceding are both very rare.<lb/> | |||
There are here provided for, only that nothing may appear<lb/> | |||
to be omitted.</p> | |||
<head>Quest. IV.</head> | |||
<p>Why an aggravation applying to one co-offender, is<lb/> | |||
<del>not</del> made not to extend to another, when <del>the</del> what<lb/> | |||
belongs to each can clearly be distinguished.</p> | |||
<head>Reasons</head> | |||
<p>1. Because <del>the <gap/></del> to proceed in the opposite way would<lb/> | |||
be to punish a man <hi rend='underline'><foreign>pro tanto</foreign></hi> for what he was<lb/> | |||
not guilty of: in which case the punishment would be<lb/> | |||
groundless as well as needless. <hi rend='superscript'>+ See Introd. Tit. [Cases unmeet &c]</hi> <note>+</note></p> | |||
32 C
Of Co-offenders
Quest. III
Why a justification applying to the instigator is made to extends
to the perpetrators as to every punishment but cautionation.
Reasons
Because there is no alarm: & the cautionation provides against the danger. In this case there is no attempt distinguishable as
in the last preceding: the ala In that case it is true the
alarm is not likely to be very great: but in this it is
likely to be still less. The other part of the secondary
mischief, viz: the real danger is indeed the same in
both cases. But the bulk of mankind in such cases
are not apt to infer danger but where they see actual
mischief: and the danger consider'd apart from the
alarm may be provided for against by the expedient of cautionation.
This case and the preceding are both very rare.
There are here provided for, only that nothing may appear
to be omitted.
Quest. IV.
Why an aggravation applying to one co-offender, is
not made not to extend to another, when the what
belongs to each can clearly be distinguished.
Reasons
1. Because the to proceed in the opposite way would
be to punish a man pro tanto for what he was
not guilty of: in which case the punishment would be
groundless as well as needless. + See Introd. Tit. [Cases unmeet &c] +
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Identifier: | JB/098/029/003"JB/" can not be assigned to a declared number type with value 98. |
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not numbered |
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098 |
penal code |
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029 |
of co-offenders |
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003 |
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text sheet |
4 |
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recto |
f31 / f32 / f33 / f34 |
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jeremy bentham |
[[watermarks::[monogram] propatria [britannia with shield emblem]]] |
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31637 |
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