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CERTAINTY. INFORMATION
The differences between the effect of an Information and that of an Indictment. are a
these three
1st That by the first (former mode of prosecution) & a man may be sent to his Trial without
the intervention consent of a Grand Jury
2. That he mayis has cast upon him put to a much greater loadof expence than by the
whether he be innocent or whether he be guilty
3dly That this extra incomensatory suffering is inflicted and born in secret , without being included admit
into the picture what is holden up to the people
Other differences there are none.
Record
These disingenuous which would
disgrace any party were they not so much too common
among all
The first particular is that one, and think I need not take much pains to prove that it
the only one by in which it may often be beneficial to
There are many reasons why it would be in the highest degree dangerous and undes
that a Grand Jury should have the <power in all cases to stop on the
instance a contractual prosecution.
In the King v. Wulborn East 5 G. 2 The Court granted a rule nisi for an Information for not repairing a road upon an Affidavit of its' being found way & out of repair, after the Grand Jury had thrown out the Indictment. 1 Q. lynge 63.
1st They are Gentleman of the County in which the offence is committed liable to
connections with the object of the prosecution of Blood, of Interest not always the less forcible in its influence from not ?
being ascertainable by legal Rules, of Friendship, of Duty, with the object of
the prosecution.
2dly They act in secret solitude bound by an oath to secrecy, without any controul upon them but each other : and me?
when they happen to be all of a the same party are no controul upon each other
These objections to the exclusive authority <add>cognizance of the Grand Juries</add> hold good only with respect to offences the objects of which are men respo sible
offences, which do not always render the offender infamous & are susceptible of pal tions
— accordingly by the thing of our Law, those such offences only with a few exceptions can be
and without any by the practice of it, are, the objects of such this mode of prosecution.
They hold not good with offences, the objects of which are almos mostly irresponsible, such <add>for instance as not those now called known by the genera </add> what
render the offender utterly infamous, which dispel destroy the influence of those onnections should they ever
have inscribed?, which are fixed and distincally ? a in their ? and degree of growth, and
are not (to be ?) respectable of ?. +
Note + ? a ? of two ? defer
They had particularly good with respect to Offences ? by Justices of the Peace
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093 |
certainty information |
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jeremy bentham |
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