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27 May 1808
I will get myself put upon the Jury — I will go
with my comrades into the withdrawing chamber, and then be the evidence what it will may, they shall stay,
till they have answered I have brought men to concurr with me in
a verdict of not guilty. - and so says the story he
died: the particulars being afterwards confessed by him on
his death-bed.
Supposing this true, what does it prove? - that
when a man is determined upon it, it is in his power
to make his way into the Jury-box: and when
he is there, that it is in the power of any man who
in any shape is actuated by a strong interest to
command the of eleven men who by the
are without interest, needs no proof.
In this state of things, verdicts contrary to the
clearest evidence neither naturally can be nor actually are infrequent are not infrequent: indeed so far are
they from being so, that when they do occurr, no mention is
produced by them.
How should it be? The very object
of the arraignment is to produce perjury: in the effect
what is there that should call ?
In cases not penal the mischief is not
altogether without remedy. For when purse and perseverance
suffice to demand it, new trial is sometimes
granted.
But in penalcases and especially in capital
new trial is either altogether unobtainable, <add>unexampled<add> prohibited by practice</add> or extremely
rare. False ju verdict To the prejudice of the defendants side false
verdict might find a remedy, is capable of finding a cure or at least a palliative
in pardon: but to the prejudice of the plaintiff's
side, that is to the prejudice of public security, violent and false false
a
judgment are altogether without remedy.
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Identifier: | JB/035/173/001"JB/" can not be assigned to a declared number type with value 35. |
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1808-05-27 |
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035 |
constitutional code; evidence; procedure code |
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173 |
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001 |
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text sheet |
1 |
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recto |
d5 / e5 |
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jeremy bentham |
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10766 |
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