The recipe takes its name from the legal principle of ...zzz... yeh, sorry about that, I almost slipped back into another dimension. As I mention in the cinnamon pear whisky recipe, little old ladies from around the neighbourhood come and help themselves to the pears from our tree. Not that we would ever seek to prosecute them for their scrumping, but the drink comes from an imagined situation whereby someone could offer you a drink with purloined fruit 'without prejudice' to their arguments not to have stolen the fruit. Maybe it's a bit of a lame legal joke, but the drink is delicious, and there's no essay question (or bill) at the end, so enjoy, without guilt and with all 5th Amendment (or equivalent) protections in place. I'll stop now.
Combine simple syrup, bitters, half the whisky and a handful of cubed ice in a mixing glass. Stir for 45 seconds. Add a second handful of cubed ice and the rest of the whisky and stir for another 45 seconds. Strain over ice into a chilled rocks glass.