JB/047/252/001

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26 Decr 1811
Evidence

(d) [exclusion] On the occasion in question, if the article
of evide evidence in question either is be not forthcoming, or
it is if it be forbearance to cause it to be
forthcoming is, in a sort of negative way, putting an
exclusion upon it: positive exclusion in a positive way
is – where the evidence, although it were tendered, would
not be received.

(e) [ends of justice] Of exclusion will be shewn not to
be in any remarkable to any of the direct ends of judicature
or justice on the occasion of judicature as above
brought to view.

(f) (3) [greater than its due effect – less than ditto] to be on
each occasion to operate with its due effect neither more
nor less. The Among mankind at large, the general propensity is – rather to give to
evidence a greater too much, rather than too little
credence. Although deception may in either case be alike the consequence, yet
credence: the to prevent the obtaining too great credence
as accordingly is only the principal but
is therefore the object to which what ever has been employed
on those grounds has been
is in a measure, except where religion has been concerned the only object of the two to which any
care on the part of government any care has ever been employed:
For this purpose, the only course that has been taken is
exclusion: – for fear of deception, exclusion put upon of upon all
such evidence, of which in the instances of which it
has been apprehended, that, if received, too great credence
bestowed upon sort upon it, and thereby deception, deception put by
it upon it by the Judge, would be the consequence.

Avoidance of deception being by evidence being here he end, exclusion of the evidence
will here be represented as in no case proper and conducive, are
viz. as from the legislator to the Judge, as being in every case proper
and conducive and
the only sort of application
that in the
nature of the case can be conducive,
to that end.

Identifier: | JB/047/252/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-12-26	Marginal Summary Numbering	2d, 2e, 2f
Box	047	Main Headings	rationale of judicial evidence
Folio number	252	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4 / f38
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15120
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