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Certainty Evidence — All fixed Incompetencies to be Discarded
That the founders of the present system those who necessarily find the foundation of evidence
in their anxiety of pursuing one object, the
security of the innocent when accused, have too
much departed from another object [of still greater
importance as the number of persons requiring to be
secured is in this case greater] the security of the
innocent
In times when the harsh temper both of Judges & of Juries required more guards on the side of seventy than at present not accused that supposing they are
objects of equal importance, so only that they
could have laid down could tend as effectually
to the attainment of the former, as they do must to
the desertion dereliction of the latter — That to establish
conclusive & inflexible descriptions of incompetency
are of all events dangerous & would be if familiarly known be ruinous to society. That the
rules at present established have some of them
not a colour of relation to their object, &
many of them but a false & superficial one in
That the best the best of them pronounced tho' pronounced inviolable words, are in words perpetually let in effect violated in effect.
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that Though it were certain, or rather for the very reason
that it were certain, that Juries would of their
own accord follow the rules that are here complained
of, those rules ought not to be published
to the world as fixed & obligatory.
The rules of Arithmetic are very fallacious guides
in judging of the truth of Testimony — That the
Jury as they have a liberty of disbelieving
20, should have the liberty of believing one:
that they should have the liberty of believing that
one, even under any objections whatsoever to his
credibility, after being duly apprized of the nature
& existence of those objections —
In Turkey, you may go to market & buy what number of Witnesses you please. v. J. J. Porter's Observations on the Parts
Identifier: | JB/051/030/001 "JB/" can not be assigned to a declared number type with value 51.
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051 |
evidence; procedure code |
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030 |
certainty evidence all fixed incompetencies etc discarded |
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001 |
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text sheet |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif]]] |
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