Guilty verdict necessary for punishment
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"Evil inflicted by public authority" without "public condemnation" — a guilty verdict — is not punishment.
Thirdly, that the evil inflicted by public authority, without precedent public condemnation, is not to be styled by the name of punishment, but of a hostile act, because the fact for which a man is punished ought first to be judged by public authority to be a transgression of the law.
Hobbes, Lev XXVIII 5