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Tit. V. Ch. VII: Purs

§ 3 Principles An evidence is naturally the fittest prosecutor In penal cases as in civil Two functions are necessary in every case,
prosecution and ev giving evidence, as a ground
to judicature, prosecution pursuit and giving of evidence.
The two functions may be discharged by different
persons: hands but nothing hinders their being performed conjoined in
by one. The natural course is that there they should
be: it is for who so proper to prefer a claim
as he from whom the only grounds it stands upon
are to come? as he upon whose knowledge and
declarations it are to form the only grounds of it? It is actually observed in the domestic procedure, that natural and only rational standard, from which the forensic practice starts aside with , and but from which it has no where never deviated deviates but at the expence of justice.

2 Every witness cannot in every case be a prosecutor — why 1. But many persons may be cap have been But it may happen that many persons are
in a situation to give evidence: and one only, can
without confusion be admitted to conduct a cause.
Hence This makes our natural ground of distinction
between the function of witness and pursuer.

2. Every body is able to tell make known what when called
upon what he knows: women, persons infirm,
children of tender age: every person is not qualified
to conduct a cause. This Hence makes a second
natural ground of distinction.

3. If the we function conduct of a cause were
exclusively appropriated to any one person, and
in particular to him whose testimony is to furnish the

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Identifier: | JB/051/269/001
"JB/" can not be assigned to a declared number type with value 51.


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evidence; procedure code

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tit. v





text sheet

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f1 / f2


jeremy bentham


[[watermarks::[britannia with shield emblem]]]


jeremy bentham

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