Observations On the Philosophy of Criminal Jurisprudence: Being An ...

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Observations On the Philosophy of Criminal Jurisprudence: Being An ...
J E James Ebenezer Bicheno
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Is it likely that the miderstandings and moral feelings of prosecutors and juries are so far before those of judges, that they cannot act together ? Or that the virtue and intelligence of the former far outweigh the same qualities among the latter ? I am per- suaded^ if the law wefe altered to-morrow, most of these objections would occur under other shapes, and that in but few cases they are really what they are assumed to be. It much oftener haj^ens, that the aggrieved pet- son is not very sen...sible of the injury done to society, and is much sjooner influenced by the cold calculations of loss of time and money, and the inconveniences he must suffer, if he becomes a public prosecutor. The contami- nation of prisons much more frequently de- termines benevolent men to pass over an of- fice, than the reasons stated by the bleach- ers. Indeed the practice of our courts for some time past has been a sufficient guaran- tee, that the capital part of the punishment vrill be remitted, and that the crime will pnly be visited with a degree of punishment pro- portioned to its malignity.

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