"The natural leaning of our minds is in favour of prisoners; and in the mild manner in which the laws of this country are executed, it has rather been a subject of complaint by some that the Judges have given way too easily to mere formal objections on behalf of prisoners, and have been too ready on slight grounds to make favourable representations of their cases. Lord Hale himself, one of the greatest and best men who ever sat in judgment, considered this extreme facility as a great blemish, owing to which more offenders escaped than by the manifestation of their innocence." We must, however, take care not to carry this disposition too far, lest we loosen the bands of society, which is kept together by the hope of reward, and the fear of punishment. It has been always considered, that the Judges in our foreign possessions abroad were not bound by the rules of proceeding in our Courts here. Their laws are often altogether distinct from our own. Such is the case in India and other places. On appeals to the Privy Council from our colonies, no formal objections are attended to, if the substance of the matter or the corpus delicti sufficiently appear to enable them to get at the truth and justice of the case."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Original Language: English
Available Languages (1)
Sources
King v. Suddis (1800), 1 East, 314. Lord Kenyon is later reported to have written, "I once before had occasion to refer to the opinion of a most eminent Judge, who was a great Crown lawyer, upon the subject, I mean Lord Hale; who even in his time lamented the too great strictness which had been required in indictments, and which had grown to be a blemish and inconvenience in the law; and observed that more offenders escaped by the over easy ear given to exceptions in indictments than by their ow
https://en.wikiquote.org/wiki/Lloyd_Kenyon%2C_1st_Baron_Kenyon
Revision History
No revisions have been submitted for this quote.
Categories
Lloyd Kenyon, 1st Baron Kenyon
Lloyd Kenyon, 1st Baron Kenyon (5 October 1732 – 4 April 1802) was a British politician and barrister, who served as Attorney General, Master of the Rolls and Lord Chief Justice of the United Kingdom.
91 quotes on TrueQuotesView all quotes by Lloyd Kenyon, 1st Baron Kenyon →
Related Quotes
"I must treat with reverence everything which Lord Kenyon has said: but not everything which text writers have represe…"
"My Lord... it would be well if you would stick to your good law and leave off your bad Latin."
"If I were master of eloquence I would not make the decision of this cause a stage upon which I would display that elo…"
"To enter into the hearts of men belongs to him who can explore the human heart."
"I have heard that it was the perfection of the administration of criminal justice to take care that the punishment sh…"
"The situation the Lord Mayor holds is the first officer of the first city in the world in point of commerce and riche…"
"It is a rule that those who come into a Court of justice to seek redress, must come with clean hands, and must disclo…"
"There are certain irregularities which are not the subject of criminal law. But when the criminal law happens to be a…"
"Modus in rebus—there must be an end of things."
"There are cases where examinations are admitted, namely, before the coroner, and before magistrates in cases of felon…"