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Subject Area: Political Theory
Subject Area: Law

Revenus Prosecutions. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 10 (Memoirs Part I and Correspondence) [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 10.

Part of: The Works of Jeremy Bentham, 11 vols.

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Revenus Prosecutions.

“Prosecutions for offences against laws relating to the Customs and Excise are often, it seems, carried on in the Crown-office.

“They are very frequent: at the same time, what might appear extraordinary till accounted for, scarce one or two in the course of a year are brought to trial.

“A certain connexion that there is in this case, between interest and power, will sufficiently account for this as for all other phenomena that are observable relating to the execution of the laws.

“It is the interest of those who happen to have a power correspondent to that interest, that prosecutions should be commenced: accordingly they are commenced in numbers; but it is the interest of the same persons that such prosecutions should not be pushed on to punishment, but he compounded: accordingly they are compounded.

“It is a very small proportion that the number of the offences that are detected, bears to the number of those that escape unpunished; and it is not every detection, perhaps, that is accompanied with proof sufficient to support a prosecution. When, however, by good fortune a prosecution is commenced, the first thing the defendant always does, is to petition the commissioners to be permitted to compound. The petition is almost always granted; so far granted at least, as that the defendant is referred to the solicitor of the office. The solicitor is always compassionate, and the deliquent cannot but be grateful. A ‘bill of costs’ is made out by the solicitor. The ordinary fees taken by solicitors in penal prosecutions, are just double those taken by attorneys in civil actions. The defendant has too much magnanimity to enter into a minute and invidious inquiry; whether every little charge is warranted by the rigid rule of custom, is an inquiry the defendant’s magnanimity seems unwilling to enter into; and his generosity indicates the propriety of a proper present.

“By this happy arrangement, all parties (that is, all private parties) are satisfied. The delinquent receives a silent squeeze from a palm his gratitude has softened, instead of being crushed by the rough hand of open justice. His official friend enjoys that purest of satisfactions which results from the godlike function of forgiving injuries: a satisfaction the freer from all alloy, in that the said injuries are not his own.

“All this is admirable; but how fares it with the public all this while? and what becomes of the benefit of example? and of what use is this sum of secret torture to those who are under temptation to offend, but whom the spectacle of punishment might deter?

“Thus happy then is the harmony in this branch of law between public and private interest.

“The interest of the public is, that punishment be known to be inflicted; and, therefore, that when there is occasion it be inflicted, in order that delinquencies may be few. The interest of those who act in this matter for the public, is, that delinquencies may be many; and lest they should not be many, that the punishment that happens to be incurred for them, should, upon certain conditions, be as little as may be, and that little not be known.

“To this interest, as things stand at present, is joined the power. Of this power, I know not whather this man or that man makes an undue profit; but I know, as a child of this world, he is unwise in his generation if he does not.

“The matters of fact taken from J. F. Abbot, at 2, Q. S. P., Wednesday, May, 1775.