JB/091/303/001

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1 March 1808

In the midst of all those exclusionary rules, the instances
are known in which the testimony of a convicted perjurer,
has been admitted, admitted on his own behalf at his
own instance. I mention it not as an example
not of impropriety, but of inconsistency: and note that
here too the forms are a shape in which it was admitted,
the only shape in which it would have been admitted
are the uncross-examinable shape of affidavit evidence.

The reason given for the admission was a very good one
in the view eye of the common cause and common honesty a conclusive
one: but for this admission a man though once criminal might be exposed to
the most fatal injustice: The reason was a conclusive one:
but by this same reason if it be good for anything
all all the other exclusionary rules – the whole body of them –
stand condemned.

Here as before, like similar effects find their origin in the
same prolific cause:

By affidavit evidence the Judge is preserved from
the spectacle sight of all others most odious to a fee-fed Judge,
the sight of the party or parties whose fate awaits his end.

By affidavit evidence grist is brought to the judicial
mill: grist which is not would not be afforded by the same testimony
if delivered vivâ voce.

By affidavit evidence falshood is protected against from
the eye gripe of detection, perjury encouraged, perjuries multiplied,
public morals depraved.

Identifier: | JB/091/303/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-03-01	Marginal Summary Numbering
Box	091	Main Headings	scotch reform
Folio number	303	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29299
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