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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

Box Contents

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