xml:lang="en" lang="en" dir="ltr">

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts

JB/047/356/001

Jump to: navigation, search
Completed

Click Here To Edit

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

Box Contents

UCL Home » Transcribe Bentham » Transcription Desk