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DISPOSAL of ACQUITTED CRIMINALS 2
whenever such a supply is to be procured in by that irregular and
unhappy manner method, there will be one the less wanted for
every one the more than was before. It must be allowed however that in the
case proposed he is taken before that absolute necessity has commenced
A similar course might perhaps be expedient to be taken with persons convicted
of
These reasons [I must confess] have operated convictions in my mind in
favor of a Scheme of this sort; against every thing that can
be said in deprecation of possible injustice. bare Attempts to
some crimes; with this difference that here being some degree of guilt
implicitly proved, they might be sent not into the service at large, but
specially
to some state reputed peculiarly hazardous, as in
Africa or the East-Indies. The honor of the Army Service
which cannot be very scrupulously regarded in the choice of the 1 lower
of it's
the lower
2
members
Rogues could get none to be surety but Receivers; & it seems probable
that Receivers would not be forward to become such on account of the
scrutiny into their way of livelyhood which it would occasion.
But least any thing of this sort should happen & through surety like the
being become a trade, I have proposed as some sort of Check, a power
to be vested in the Jury of disallowing the recognizance.
would be in some measure consulted, by the persons
circumstances respecting then placed in it, of the
interception of their guilt
before it's final consummation.
But of this it belongs rather to the Gentleman dignitaries of that
profession, than to any one else, to judge.
It might also possibly be approved of as a means to prevent
desertion, that such should be marked in some unconspicuous part of their
body (as on their back)
in the manner of the leper stigmatisation. with the date
at which their service is to expire +
+ But this must be in
words at length not in figures; by reason of the case with
which these last might be falsified
After all there may be danger with regard to the extending of the provision here
proposed to this latter class, least the punishment for the attempt being
regarded by some as greater that that annexed to the crime when
consummated, might frustrate the design of making a difference
between
in favor
of the
attempt
former and serve as
as a motive - for instead if against the pushing on to
accomplishment a criminal enterprize begun.
Particular modifications on this kind
would be requisite
upon new model for Juries proposed in III Ms 35 & c.
By way of remedy to this, it might be left to the option of the Criminal
to submitt
either to this obligation, the term
proposed for its continuance being declared to him, or to the
punishment specifically allotted to his offence.
which is
extent of
Or it might be an instruction to them not to
impose it without the alternative except where in such
case they should be satisfied there was no room for [a repentance]
an alteration of Will to intervene between
the attempt & the consummation.
N.B. Observe there is always an Oath against them which obviates abuse. If
the proposal be not admitted absolutely and universally, it might be admitted
under these restrictions 1 st That
the culprit be unmarried: 2 nd That
he be under age: 3 rd That it be his 2 nd
Trial.
[+] [+] It may be of use to call to instead
a few of the examples that may serve [which
the fugitive histories of these transactions, as far as they may be defended
or affords in confirmation]to swear of
their of this proposal. One must be content to take them from
Newspapers and compilations from Newspapers till it be thought
expedient to take measures for giving some higher degree of
authenticity to a body of experience of such Importance to the instruction
of the Legislator.
Qv Annual Register 1771. Sept.18 p.141 A young Fellow was tried at the Old Bailey
for Felony & acquitted at 12 o'clock: at
2 he was detected in picking a Gentleman's pocket in Catherine
Street, carried before Fielding & before
3 found himself again safely lodged in Newgate
132. Matthew Polland who was executed at Tyburn Aug. 1771, tho' but 18
years of age, had been 5
evidence at the Old Bailey.
PROCEDURE Disposal of acquitted Criminals 2
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