JB/047/314/001

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7 Decr 1811
Evidence

4. Means of effecting publicity in relationg to evidence.

In the case of orally-delivered evidence, the means of publicity
depend upon the size of the theatre of justice –
2. the accommodation which it affords to spectators and auditers – and
3. the facility with which they obtain admittance.

In the case of written evidence – whether ready-written,
or minuted down from orally-delivered discourse – it depends
upon the extent of the application made of the press to this purpose, and
upon the extent to which its productions so applied are
disseminated.

In the case of orally-delivered evidence, in so far as
depends upon the size and other circumstances belonging to
the theatre of justice, publicity it depends altogether upon the exercise of given to the
powers of government: upon the mode in which the its powers
application is made of its powers of to this purpose.
In the giving to the related to publicity to written evidence, shall government
be active, or content itself with being passive?

Answer – As far as, on the part of individuals, adequate
interest and adequate means are found united,
with a possi purely passive may be the best part for government: so
far as, on the part of individuals it happens to either of those requisites be
so deficient, this in so far it lies with government to supply
the deficiency, regard being always had to expence in the character
of a preponderant inconvenience:
– Whether
it be so or not will
depend upon the importance
of the cause.

Note (a)
(a) In the Westminster Hall Courts – that is in those chief seats
of English judicature, – for by the smallness of the apartment –
by the large proportion or it of the small room it affords, by the large proportion necessarily occupied
of by the immediate actors in the drama, and by such others of the members
of the profession as are in attendance – exclusion of all those causes taken together, such is
the effect, that, with the exception of a very small proportion
of those those the members of the public at large, who, had they the means would not want
motives for attendance, publicity is excluded: excluded –
not indeed by legal but by obstacles instruments of somewhat stronger
mould by physical ones.

On the occasion of
those architectural
improvements which
have been sometimes
talked of, the provision
made in relation to the
points brought to view in
the text will in the breast
of the directors afford in no inconsiderable degree a test and a measure of the regard entertained for the ends of justice.

Identifier: | JB/047/314/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-12-07	Marginal Summary Numbering	6-8, 8a
Box	047	Main Headings	rationale of judicial evidence
Folio number	314	Info in main headings field	evidence
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d27 / e3 / f100
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15182
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