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1831 Sept. 15
Constitutional Code
§. 5. Dispunitive function
14 continued.
Art. 15. Mind the practical consequences When such is the practice, the existence of it constitutes
a sort of apparent and virtual law which makes itself
4. This practice, when
, operates as a
premium on crimes.
"I will get men to
"join with me" (says a
man to himself:) the mine
shall be the whole profit
of the offence; theirs the
punishment
known to the fraternity of criminals of all sorts. It thus
operates as a premium, as an encouragement, to all crimes
to which it applies still. A man says to himself — "I will
"get men to join with me in the commission of this crime.
"I will to myself all the benefit of it and, by
"information given to the judicial authority, I will im-
"-pose upon them the whole burthen of the punishment.
What if, to this encouragement in this shape be added,
5. Suppose a pecuniary
premium added, payable
on conviction: here is
encouragement
offered by authority;
1 for the crime:
2. for mendacious
evidence.
the express name of a reward, a pecuniary donation: the
payment of it being having for a condition the conviction
of the co-delinquent in question? Then there is a en-
-couragement offered by authority — offered, according to law —
far too and distant and though so intimately connected, crimes:
in the first place the principal crime in question; in the next
place, [ the utterance of any such mendacious evidence, it may as may have
presented itself as necessary to the or conducive to the ob-
-tainment of the reward.
6. , still is
vigour in this practice:
thanks to the Judges by
whom, through
of the Legislature, legisla-
-tive power has been usurped.
To defendant, questions
by which exculpative evidence
might be elicited, must
not be put. Why? because
it would be to
him: a reason, by which,
if applied all punishment
would be abolished to all crimes.
Thus absurd and maleficent Under English
Law, thanks to the , of the of the power of
legislature the upper rank of the Judicial — the to law, by which so a
portion of the field of legislation is covered being of their formation,
the practice is still in vigour. To the
himself, on the interrogator, the effect of which ight, by means of his -
- evidence, his evasions, or his be to
demonstration of his guilt, is not suffered to be put. to him.
Why? because forsooth the taking of any one of their crimes would not
be pleasant: to have a reason which if admitted to
determination to be the conduct of the legislator would have the
effect of giving impunity
to every malefactor, and
license to every
crime.
Pleasing to him? No
assuredly it will not be
if he is guilty: but less assuredly it would
be, if he is innocent.
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1831-09-15 |
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STREET & Co 1830 |
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Antonio Alcala Galiano |
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