JB/047/316/001

Click Here To Edit

7 Decr 1811 Ch. 8. §. 10
Evidence

4. Supposed of nature to capable of creation a standard for
III. Occasions on which .
II. Proposed capable of creating a demand for privacy in respect of relation to evidence.

§. 10. VII. Privacy, to some purpose, and on some occasions.

Of the circumstances by which, in regard to legal evidence,
a demand for privacy, relative and – understand always relative and provisional privacy –
may on one account or other be created, a brief general and intimation
may be compressed into the compass of conveyed by a few words –

I. Purposes bearing subordinate relation to evidence and subservient to the direct ends of judicature.

1. Prevention of mendacity-serving information: the
architectural arrangements as well as the course of proceeding in, of the theatre of justice, so ordered
that the testimony, delivering and just delivered by one witness
may be kept secret from another.

2. Prevention of those reticences and consequent defalcations
of from the compleatness of a mass of testimony, which, in some cases
are apt to might be produced by extreme timidity, on the part of a deponent,
whose trustworthiness
stands
clear of suspicion:
especially from disclosure, where special in resentment
power of disclosure, especial to injury is apprehended
from the witness resentment
of this or that particular
individual.

Purposes relative to the collateral ends of judicature.
II. Purposes bearing relation to evidence, and subservient to the collateral
ends of judicature.

3. Prevention of disclosures, hurtful injurious to the pecuniary reputation
of and third purpose individuals, especially of suitors.

4. Prevention of disclosures to injurious to the moral reputation of
individuals and the peace of families.

III. Purposes regarding the ends of judicature, but not through
the particular medium of evidence.

1. Securing the peace of the judicatory, and the peace
of the Judge, against casual violation. Power to the Judge, to
on any particular occasion, but for that time only, to apply to the number of the
spectators for special cause assigned any such limits as shall be deemed necessary
to this purpose.

2. Prevention of any disclosures that threaten to be subservient non-justiciability
by being subservient to non-forthcomingness on
the part of persons or things, whose on whose part forthcomingness is
necessary to justice, whether to the purpose of justiciability, or to the
purpose of evidence.(a) (a) Example. Temporary
relation
proving necessary to
conceal fro a delinquent
evidence by from
which he would receive
warning to withdraw himself
or his efforts out of the
reach of justice.

Identifier: | JB/047/316/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1811-12-07	Marginal Summary Numbering	11-13
Box	047	Main Headings	rationale of judicial evidence
Folio number	316	Info in main headings field	evidence ch. 8
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d29 / e1 / f102
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	15184
Box Contents