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<head>C 33</head> | |||
<head>Of Co-offenders</head> | |||
<p>2. Because <del>if it <sic>happend</sic> in any</del> <add>it might happen in certain</add> cases that <del>it</del> one<lb/> | |||
<del><gap/></del> offender whose own delinquency was <add>comparatively</add> slight &<lb/> | |||
venial might from the delinquency of an accomplice<lb/> | |||
find himself involved in so heavy a punishment<lb/> | |||
as might engross as it were the <del>wholl</del> whole<lb/> | |||
of his sensibility: <del>In such case</del> by which means<lb/> | |||
he might in a fit of despair plunge into other<lb/> | |||
kinds of guilt from which he would otherwise have<lb/> | |||
abstained. In such cases a man sometimes reasons<lb/> | |||
with himself thus. Either I shall be apprehended,<lb/> | |||
or I shall not. So long as I am not apprehended,<lb/> | |||
the punishment that is <sic>denouncd</sic> against<lb/> | |||
me, be it what it will, is nothing to me: but<lb/> | |||
sooner than be apprehended and suffer that punishment<lb/> | |||
I will die. When a man is in this state<lb/> | |||
of mind the law has little hold upon him.</p> | |||
<head>Quest. V</head> | |||
<p>Why when <del><gap/><gap/> what</del> the guilt that belongs<lb/> | |||
to different co-offenders is not clearly distinguishable,<lb/> | |||
<del>that</del> any aggravation which is found clearly<lb/> | |||
to belong to one is extended by presumption to them<lb/> | |||
all.</p> | |||
<head>Reasons</head> | |||
<p>1. <unclear>First</unclear> offenders, from the <add>supposition of a</add> want of positive proof<lb/> | |||
should encourage themselves with <del>a</del> <add>the</add> prospect of impunity.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
C 33
Of Co-offenders
2. Because if it happend in any it might happen in certain cases that it one
offender whose own delinquency was comparatively slight &
venial might from the delinquency of an accomplice
find himself involved in so heavy a punishment
as might engross as it were the wholl whole
of his sensibility: In such case by which means
he might in a fit of despair plunge into other
kinds of guilt from which he would otherwise have
abstained. In such cases a man sometimes reasons
with himself thus. Either I shall be apprehended,
or I shall not. So long as I am not apprehended,
the punishment that is denouncd against
me, be it what it will, is nothing to me: but
sooner than be apprehended and suffer that punishment
I will die. When a man is in this state
of mind the law has little hold upon him.
Quest. V
Why when what the guilt that belongs
to different co-offenders is not clearly distinguishable,
that any aggravation which is found clearly
to belong to one is extended by presumption to them
all.
Reasons
1. First offenders, from the supposition of a want of positive proof
should encourage themselves with a the prospect of impunity.
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Identifier: | JB/098/029/004"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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004 |
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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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