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Indirect Legislation
Evidence
§ Diminishing the uncertainty of conviction punishment uncertainties of procedure evidence
as created by the rules of evidence.
Wherever an offence is committed it is the interest
of the society that he whose business it is to punish
it should be apprised of it: and apprised of it in such a
manner as shall warrant him in punishing it. Wherever
an offence is alledged to be committed, it is the interest
of society that the Judge should know whether that allegation
is true. The rules of evidence then and the
forms of proceeding should be such as on the one hand
to admitt all give admission to all true lights: on the other hand to exclude all
such false lights if any such there be as are more likely
to deceive than to inform.
On this subject the most striking rules maxims of the
English law are as follows.
1. That no man is to be witness in his own cause.
2. That no man is to be obliged admitted to accuse himself.
3. That no man's testimony who has any interest in the
cause is to be heard.
4. [That no hearsay evidence is to be admitted.]
5. That no man is to be twice tried for the same
offence.
The propriety of these rules it is not h my
intention in this place to examine: first on account
of the large space quantity of room such an examination would
take up require : secondly, because the utility of such a discussion
would be little more than local. The fact is
this
Identifier: | JB/087/185/001 "JB/" can not be assigned to a declared number type with value 87.
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jeremy bentham |
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