058-326.xml

Title: [11 April 1805 Evidence Securities]

Description: 11 April 1805

Evidence

Securities

Ch. Procedure Technical

'.3 Objects ulterior

5. Prosecutions are suits: suits constituted by a demand made of satisfaction or punishment, or both on the occasion of an /some/ offence. The greater the number of offences committed within a given time the greater the numbers of offences liable to be prosecuted out of which prosecutions may arise. Fifth object of the technical system: to render the number of offences, (crimes of all sorts included) as great as possible.

That the man of law his own interest in the multiplication /frequency/ of offences in general, and of those more odious offences which are distinguished by the name of crimes in particular, is manifest: for suits occasioned by offences, suits for the prosecution of crimes, are suits.

Note

His interest in this respect his interest is not uniform and absolute. His interest is derived from, and proportioned not to the quantity of mischief produced by the commission of them, but to the quantity of profit extractable from the prosecution of them. In a general way o speaking, it is true to say that it is his interest that as many crimes as possible be committed, because the greater the aggregate number of these that are committed, the greater will naturally be the number of those that are prosecuted. But in the commission of those of mala fide be of which it is certain that they neither will be prosecuted, nor be productive of others that will be prosecuted, he has no interest. So likewise, there be any crimes or other offences, from the prosecution of which no profit is extractable by him, weather from the defendants side of the case, nor yet from that of the prosecutor, in the multiplication of crimes and other offences of the description he has no interest.

A man of law /lawyers/ is a man. From this character he derives a general interest, opposite to the special interest on this ground which belongs to him in the character of a man of law. As a man his interest requires that the number of crimes committed be as small, as a man of law that it be as great as possible.

From crimes /In the commission of offences/ which are not prosecuted, crimes /of offences/ the prosecution of which affords him /if such there be/ no profit, he has no /not in the character of a man of law any/ interest: in these cases, in so far as they can be distinguished from the rest, the interest that belongs to him in the character of a man, being unballanced, will be seen to turn /dominate/ the scale.

In the commission of offences which afford him a half-profit, profit on the prosecution of those not being extractable but from one side, in his character of man of law he will have as it were but a half-interest.

059-292.xml

Title: [10 July 1804 Procedure & Evidence]

Description: 10 July 1804

Procedure & Evidence

Note

Evils causes

Intricacy

The causes /suits/ by far the most common of any are as follows

1. In the superior criminal class /department of procedure/ - theft - with or without the circumstances of aggravation which it ----- it ---- robbery housebreaking or burglary. Among crimes punished by the English law with the -- mode if ---- called felony, unclergyable or clergyable, the number of individual crimes of the above description committed in a year is at least 7 /20 or 10/ times as great as that of all other felonious crimes put together.

2. In the inferior criminal or penal class /department/ - assault - (or injurious words spoken or written the number of individual offences of this description taking into account those prosecuted for in what is called the civil mode as well as those prosecuted for in what is called the criminal mode would probably found superior to all other offences under the ---- of felony prosecutable for one or other of those modes.

3. In the non-penal class /department/ debt for goods sold or for money lent on a bill or note of hand and delivered by a shop-keeper to a consumer, the number of these suits commenced could perhaps be found 30, 40 or 80 times as great as that of all other non-penal causes put together But in each of /every one/ of these species of causes the case is most commonly at the utmost or very near the utmost point /pitch/ of simplicity.

1. In the case of theft there is frequently no more than a single witness the owner of the good alleged to be stolen, or suppose another or two to be added the complexity thereby added to the case is, in respect of the additional quantity of time thereby required by the operation of which the evidence is the subject matter, too inconsiderable to be worth taking into the account /noting for this purpose/.

2. In the case of assaults and verbal injuries the same observations apply without any difference worth insisting on.

3. In the case of goods sold and delivered to a consumer upon credit, if at the shop, there will be the master shop-keeper if his testimony be admitted or at any rate his journey-man: if delivered elsewhere, the porter with or without the corresponding evidence derived from the evidence of the Book-keeper confirmed and ----ed by the ---- of his books

JB_092_139.xml

Title: [25 June 1807 (2) Letter V]

Description: 25 June 1807

(2)

Letter V

II. Litigation

Concluding observations

Where the circumstances of the would be wrongdoer are relatively indigent, especially if those of the intended sufferer by the wrong be relatively affluent, the expence by the prospect of it tends to prevent the commission of the wrong, and where the wrong happens to have been committed notwithstanding, the expence partly by the experience of what is already incurred partly by the apprehension of what may remain to be incurred, tends to prevent the continuance of the suit, by preventing the continuance of the malâ fide defence, and thence the continuance of the suit.

But where the circumstances of the would be wrongdoer are relatively affluent, those of the intended sufferer by the wrong being relatively indigent, the expence by the prospect of its effect on the intended sufferer tends to promote the commission of the wrong, but again when the wrong having been committed accordingly, the party wronged notwithstanding has indigence ventures to such redress and so commences a suit, the tendency of the expence is, as before partly by the experience of what is past, partly by the apprehension of what may be to come, partly by the utter inability to continue the pursuit, to put an end to the pursuit, and so in that way to the continuance of the suit. However, though under the pressure of the expence many of the wrongs produced by the prospect of impunity there will be some that will not be productive of juridicial[?] complaint, yet forasmuch as of the many wrongs which but for this encouragment would not have been committed there will be some that will produce each of them a suit, thus it is that in this case the effect of the expence will be upon the whole to give encrease to the number of suits.