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30 March 1805
Evidence
◻︎+ Summary Procedure – No 3. Procedure as in Courts Martial –
Land Military and Naval –
The In the mode of enquiry pursued in these Courts has little there is not much to distinguish from
the words pursued in the two preceding instances: but what there is
is to its advantage.
In the Courts of Conscience or Requests, the evidence is not committed
to writing: by accident, yes: but to do so, is not in any particular instance matter of
express duty. In Courts Martial the evidence is constantly committed
to writing: to execute the important task, is the duty business
of the presiding Judge, whose title – (importing a strange number of incompatible functions duties is) Judge Advocate.
In the Courts constituted by Justices of Peace acting singly or
in numbers out of Sessions, the mode of enquiry is liable to be more
or less abstracted by the technical rules of evidence. Why? because
the conduct of the in one way or another, in the way of non-penal
revision, or on the occasion of a penal charge, the conduct of those
subordinate Magistrates is liable to be called in question by their
learned superiors of on the Kings Bench, by whom it will be judged
of by those rules persuasions. The proceedings of Courts Martial not being
subject in either way subject to be called in question in the
King's Bench, are consequently out of the reach justice in those
Courts is not blasted by the baneful influence of those rules.
Identifier: | JB/058/411/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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c. abbit lees |
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