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may be for extending the incapacity to the different<lb/> | may be for extending the incapacity to the different<lb/> | ||
crime that may be proposed.</p> | crime that may be proposed.</p> | ||
Now then let the crime of which the witness has been<lb/> | <p>Now then let the crime of which the witness has been<lb/> | ||
convicted be that of Perjury. He has however no<lb/> | <note>A witness might not<lb/> | ||
natural <del>inducement</del><add>interest</add> to | be rejected even<lb/> | ||
for Perjury</note> convicted be that of Perjury. He has however no<lb/> | |||
natural <del>inducement</del><add>interest</add> to speak false: if he has, that<lb/> | |||
forms another ground of disability which is not here<lb/> | |||
in question. If then he has an artificial interest<lb/> | |||
it is the party that must give it him. But in<lb/> | |||
this case the party must be a suborner: unless then<lb/> | |||
he <del>have been</del><add>found already</add> convicted of subornation on a former <add>occasion</add></p><pb/> | |||
Punishment in alienam personam
away for a penny. But the parties are both of them
miserably poor: they neither of them have a penny
to tempt me with. What then is there to induce
me to give a false account of the matter? nothing
What then is the danger of admitting me? to none at
all. What the consequence of rejercting me? the
triumph of oppression. How in a case like this
there is nothing singular nor improbable: a thousand
such might a man figure to himself with ease.
Having proceeded thus far I will venture to advance
this position that a man's testimony ought
not to be rejected at all events even for the crime of
Perjury: in not for Perjury, it will follow a portion
not for any other crime. I will just offer member farther
consideration or two in support of this opinion: I
will then give a short sketch of the evil consequences
that result from such an absolute rejection:
I will thirdly off an expedient which
I think would answer be equally well calculated to produce the good effect every good purpose of it: and
lastly I will state the different degrees of reason there
may be for extending the incapacity to the different
crime that may be proposed.
Now then let the crime of which the witness has been
A witness might not
be rejected even
for Perjury convicted be that of Perjury. He has however no
natural inducementinterest to speak false: if he has, that
forms another ground of disability which is not here
in question. If then he has an artificial interest
it is the party that must give it him. But in
this case the party must be a suborner: unless then
he have beenfound already convicted of subornation on a former occasion
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Identifier: | JB/141/146/002"JB/" can not be assigned to a declared number type with value 141. |
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not numbered |
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141 |
rationale of punishment |
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146 |
punishment in alienam personam |
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002 |
incompetency |
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text sheet |
4 |
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recto |
f55 / f56 / f57 / f58 |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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48363 |
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