JB/047/356/001

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29 Jany 1812
Evidence

§. 4. Affidavit evidence – its features of inaptitude.

Comparison made with the open-and-oral-interrogation
mode, comparison even made with the close-interrogation
it viz. comparison of the same interrogated open and oral-interrogation
mode, and the same in comparison of close interrogation mode, as above,
mode, as above, the following may be stated as the features
of inaptitude, that have place in the uninterrogated – the affidavit mode.

1. Not being accompanied by any evidence extracted
from the same source, either by interro counter-interrogation,
or even or so much as by by primary interrogation, it is lies thereby unde
a preponderant probability of being incorrect as well
as incomplete, and thereby deceptitious, even where
nothing of mala fides – of intention or wish to give
rise to deception – has place.

2. From the same cause, the in case of mala fides
the probability of mendacity on the part in the texture of such evidence
and of deception as the fruit of it, can not but receive
prodigious great and indisputable increase.

In this respect, bad as the close mode interrogation mode has been seen to be, this mode
uninterrogated mode is seen to be still worse. In that mode, truth is
deprived of the benefit of such questions be what it may happen to be as
and come out of the as would not have been put, had it not happened to them to be
suggested by answers to preceding antecedent
questions: – in this mode, not so much as a single any one
question can be put.

Identifier: | JB/047/356/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-01-29	Marginal Summary Numbering	1-2
Box	047	Main Headings	rationale of judicial evidence
Folio number	356	Info in main headings field	evidence ch. 11
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d16 / e1 / f142
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham; sir john bowring	Paper Producer
Corrections	sir john bowring	Paper Produced in Year
Notes public		ID Number	15224
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