What should be the rules for secret accusations?

Translation: quotations from Cesare Beccaria are quoted in the anonymous 1767 English translation (London; Albany 1872 edition), not his original words.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that secret accusations should not be authorized, arguing that they are harmful to society and that crimes against the public should be publicly punished. He also stated that if abuses are inherent in the constitution, rectifying them should not be seen as destroying the constitution, and that he would not authorize secret accusations even in a new legal system. (key quote above) [1]
• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that secret accusations are a harmful and unjust practice, as they foster falsehood, treachery, and a lack of trust among people, ultimately undermining the stability and integrity of society and governance. (key quote above) [2]
• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that secret accusations should not be trusted, because words spoken by a criminal are difficult to accurately recall and can be easily misrepresented. He argued that words remain only in the memory of the hearers, who are commonly negligent or prejudiced, making it easier to base an accusation on words than on actions. (key quote above) [3]
• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): The passage shows that Cesare Beccaria believed that criminal procedures should not be conducted in secret and that the accused should have the right to confront their accusers and witnesses. He argues that the Roman method, where evidence was heard publicly in the presence of the accused, was more just and noble. "With them, the evidence were heard publicly in presence of the accused, who might answer or interrogate them, or employ counsel." [4]
• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that laws should not encourage treachery, as offering pardons to accomplices who reveal their associates authorises treachery and introduces crimes of cowardice, which are more pernicious to a nation than crimes of courage. "In some tribunals, a pardon is offered to an accomplice in a great crime, if he discover his associates. This expedient has its advantages. The disadvantages are, that the law authorises treachery, which is detested even by the villains themselves; and introduces crimes of cowardice, which are much more pernicious to a nation than crimes of courage." [5]

What cuts against it

• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria acknowledged that in some nations, secret accusations are "consecrated by custom" due to "the weakness of the government," implying that he recognized their existence as a practical necessity in certain contexts. (key quote above) [2]

• ACTION (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria did not advocate for the complete abolition of secret accusations in all circumstances, but rather suggested that they should be used only when necessary due to the weakness of the government. (key quote above) [2]

• STATED REASON (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria argued that secret accusations are harmful to society and should not be authorized, but he also acknowledged that in some cases, they may be necessary due to the weakness of the government. (key quote above) [2]

• BELIEF (undated; quoted in the anonymous 1767 English translation (London; Albany 1872 edition)): Cesare Beccaria believed that the credibility of a witness is null when the question relates to the words of a criminal, suggesting that secret accusations based on words are inherently unreliable. "Finally, the credibility of a witness is null, when the question relates to the words of a criminal; for the tone of voice, the gesture, all that precedes, accompanies and follows the different ideas which men annex to the same words, may so alter and modify a man's discourse, that it is almost impossible to repeat them precisely in the manner in which they were spoken." [3]

2. HOW IT APPLIES (reasoning; inference is marked)

1. Cesare Beccaria argued that secret accusations are harmful to society and should not be authorized. [1]

2. He believed that secret accusations foster falsehood, treachery, and a lack of trust among people, undermining the stability and integrity of society and governance. [2]

3. Cesare Beccaria stated that the credibility of a witness is null when the question relates to the words of a criminal, suggesting that secret accusations based on words are inherently unreliable. [3]

4. He argued that criminal procedures should not be conducted in secret and that the accused should have the right to confront their accusers and witnesses. [4]

5. Cesare Beccaria believed that laws should not encourage treachery, as offering pardons to accomplices who reveal their associates authorises treachery and introduces crimes of cowardice, which are more pernicious to a nation than crimes of courage. [5] (Inference: This suggests that he would oppose secret accusations that rely on informants or accomplices.)

3. HIS TAKE

Record coverage: PARTIAL

The record is silent on the specific rules for secret accusations in modern legal systems, but Cesare Beccaria's principles suggest that he would oppose the use of secret accusations in most circumstances.

Extrapolation: Cesare Beccaria would likely argue that secret accusations should be avoided in favor of public trials and transparent procedures, as they foster falsehood, treachery, and a lack of trust among people. He would advocate for the right of the accused to confront their accusers and witnesses, and he would oppose laws that encourage treachery or the use of informants.

Competing readings: One reading is that Cesare Beccaria would oppose secret accusations in all circumstances, as they are harmful to society and undermine the stability and integrity of governance. Another reading is that he would acknowledge the necessity of secret accusations in certain contexts, particularly where the weakness of the government makes them a practical necessity.

Confidence: Moderate, based on the partial coverage of the record and the presence of competing readings.