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CERTAINTY Obstacles to Conviction. No new Trial in dissorder of Deft.
It is curious to observe a maxim of inexpedient
levity, by the influence of national
humanity, made to spring out of
the principle of savage vengeance: a
Deft once acquitted of an offence a Crime tho'
by a verdict against evidence [& manifestly
unjust] is on no account to be brought to
a 2nd trial: even in a popular action,
where a portion of the fund representative
of happiness passes not out of the hands
does but change hands of one subject individual but to find its way
into those of another individual a verdict for the Deft.
tho' against evidence, is conclusive + + Barnes's notes 4th Edit. p... ... vars.... a signal
encouragement to a weak or corrupted
Jury to trifle with their Oaths: secure
the full effect of their iniquity when it takes
that direcion being assured to, against any power
which the Law has left in its hands itself to controul it.
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In actions where individuals & they only are concerned [+]
[+]A verdict may not be set aside for indulgence
as it may be for & is frequently excessive damages. || || Barnes's notes 4th Edit. p.........vers......... alth
as much as a Deft [may be] is injured by
injustice in the one case, may a Plff be in
the other.
All this, upon by the principle of vengeance
(the suffering in the 2 latter cases of him
that pays being alone consider'd, & not the
enjoyment of him who is to receive )
admitts of justice be approved, & upon by no other - if vengeance
be the end of punishment, vengeance
is an end which may ever be
forlorn: - if prevention (which is attained
in the ratio of the number that suffers to
the whole number which offends)
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Identifier: | JB/050/140/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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140 |
certainty obstacles to conviction - no new trial in disfavour of deft |
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001 |
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jeremy bentham |
[[watermarks::[lion with vryheyt motif]]] |
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16131 |
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