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Employ it not but where the event of the suit depends altogether<lb/> | Employ it not but where the event of the suit depends altogether<lb/> | ||
upon the degree of credit given to the individual witness to where<lb/> | upon the degree of credit given to the individual witness to where<lb/> | ||
character | character objection isn <add><unclear>impugned</unclear></add> made.</p> | ||
<p>Consider <add>To this purpose</add> that in English | <p>Consider <add>To this purpose</add> that in English practice the punishment of<lb/> | ||
death has every one and the | death has every one and the been inflected on the ground of no<lb/> | ||
<del><gap/></del> better in other <del><gap/></del> evidence than the testimony of | <del><gap/></del> better in other <del><gap/></del> evidence than the testimony of some<lb/> | ||
one individual to whom <del>the</del> as disreputable a character as can<lb/> | one individual to whom <del>the</del> as disreputable a character as can<lb/> | ||
be imagined how at the same time been seen to belong: he<lb/> | be imagined how at the same time been seen to belong: he<lb/> | ||
at the same time being | at the same time being apprised that the preservation of his life<lb/> | ||
depends upon the purpose <add>has giving his testimony in a certain direction</add> given to his testimony and | depends upon the purpose <add>has giving his testimony in a certain direction</add> given to his testimony and then<lb/> | ||
for bringing it into and keeping it in that same direction</p> | for bringing it into and keeping it in that same direction</p> | ||
<p>To the Judges notice the observation will not escape that<lb/> | <p>To the Judges notice the observation will not escape that<lb/> | ||
to the thread of character evidence when one began to be <unclear>species</unclear>, thence<lb/> | to the thread of character evidence when one began to be <unclear>species</unclear>, thence<lb/> | ||
is <gap/> certain <gap/>ation. Evidence <add>Witnesses</add> being to speak whether<lb/> | is <gap/> certain <gap/>ation. Evidence <add>Witnesses</add> being called to speak whether<lb/> | ||
favourably or unfavourably to the character <add> | favourably or unfavourably to the character <add>untrustworthiness</add> of a witness, reason may<lb/> | ||
present itself or at | present itself or at times on the part of this or that party the desire,<lb/> | ||
to impugn the character of any one or every one of these same <gap/> <lb/> | to impugn the character of any one or every one of these same <gap/> <lb/> | ||
giving witnesses: and so on through any member of | giving witnesses: and so on through any member of successive<lb/> | ||
sets of character giving witnesses</p> | sets of character giving witnesses</p> | ||
<p>Generally speaking <add>of</add> where as under the Code, the<lb/> | <p>Generally speaking <add>of</add> where as under the Code, the<lb/> | ||
power of interrogation as given to every sort <add>description</add> of person in whose instance<lb/> | |||
it affords a promise of being of use, and the exercise of <note><add>[+]</add> this mode of common<lb/> | it affords a promise of being of use, and the exercise of <note><add>[+]</add> this mode of common<lb/> | ||
member will at all familiar<lb/> | |||
with every witness<lb/> | with every witness<lb/> | ||
being secured, and the<lb/> | being secured, and the<lb/> | ||
Line 43: | Line 43: | ||
at any time during or<lb/> | at any time during or<lb/> | ||
subsequently to the continuance<lb/> | subsequently to the continuance<lb/> | ||
of the | of the suit in question being<lb/> | ||
reserved </note> <lb/> | reserved </note> <lb/> | ||
it unfettered by needless and useless rules, few coincidences<lb/> | it unfettered by needless and useless rules, few coincidences<lb/> | ||
witnesses | witnesses will pass undetected and any <del>for</del> additional light then<lb/> | ||
by | by capability might be afforded by examination into general reputation<lb/> | ||
will be of little worth.</p> | |||
<p>Under English practice it is to the imperfections <add>inaptitudes</add> of the whole<lb/> | <p>Under English practice it is to the imperfections <add>inaptitudes</add> of the whole<lb/> | ||
system that character evidence and | system that character evidence and alike evidence of which below<lb/> | ||
are principally indebted for the importance ascribed to them and the use<lb/> | are principally indebted for the importance ascribed to them and the use<lb/> | ||
made of them.</p> | made of them.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1827 July 27
Procedure Code
Evidence
Selection
1. Avoid character Evidence
Individual
Art.1 Ch in relation to certain between species and species of evidence
Avoid as far as may be, all recourse to character. Evidence
Employ it not but where the event of the suit depends altogether
upon the degree of credit given to the individual witness to where
character objection isn impugned made.
Consider To this purpose that in English practice the punishment of
death has every one and the been inflected on the ground of no
better in other evidence than the testimony of some
one individual to whom the as disreputable a character as can
be imagined how at the same time been seen to belong: he
at the same time being apprised that the preservation of his life
depends upon the purpose has giving his testimony in a certain direction given to his testimony and then
for bringing it into and keeping it in that same direction
To the Judges notice the observation will not escape that
to the thread of character evidence when one began to be species, thence
is certain ation. Evidence Witnesses being called to speak whether
favourably or unfavourably to the character untrustworthiness of a witness, reason may
present itself or at times on the part of this or that party the desire,
to impugn the character of any one or every one of these same
giving witnesses: and so on through any member of successive
sets of character giving witnesses
Generally speaking of where as under the Code, the
power of interrogation as given to every sort description of person in whose instance
it affords a promise of being of use, and the exercise of [+] this mode of common
member will at all familiar
with every witness
being secured, and the
faculty of re-examining
at any time during or
subsequently to the continuance
of the suit in question being
reserved
it unfettered by needless and useless rules, few coincidences
witnesses will pass undetected and any for additional light then
by capability might be afforded by examination into general reputation
will be of little worth.
Under English practice it is to the imperfections inaptitudes of the whole
system that character evidence and alike evidence of which below
are principally indebted for the importance ascribed to them and the use
made of them.
Identifier: | JB/052/357/001"JB/" can not be assigned to a declared number type with value 52. |
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1827-07-27 |
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052 |
procedure code |
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357 |
procedure code |
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001 |
instructional |
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text sheet |
2 |
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recto |
c1 / |
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jeremy bentham |
j whatman turkey mill 1826 |
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jonathan blenman |
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1826 |
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17030 |
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