Rationale Of Judicial Evidence

Rationale Of Judicial Evidence PDF

Author: Jeremy Bentham

Publisher: Legare Street Press

Published: 2023-07-18

Total Pages: 0

ISBN-13: 9781020603396

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Jeremy Bentham's analysis of judicial evidence in English practice is a landmark work in the field of legal philosophy. Bentham examines the strengths and weaknesses of different types of evidence, and proposes reforms to the legal system to ensure that evidence is used more effectively in the pursuit of justice. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Rationale of Judicial Evidence: Specially Applied to English Practice; Volume 1

Rationale of Judicial Evidence: Specially Applied to English Practice; Volume 1 PDF

Author: John Stuart Mill

Publisher: Legare Street Press

Published: 2022-10-27

Total Pages: 0

ISBN-13: 9781016271516

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Rationale of Judicial Evidence, Specially Applied to English Practice

Rationale of Judicial Evidence, Specially Applied to English Practice PDF

Author: Jeremy Bentham

Publisher: General Books

Published: 2012-02

Total Pages: 570

ISBN-13: 9781458963994

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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: make inquiry into facts, ?docs he pay so much as the slightest regard to any of these exclusive rules ? Not he, indeed. Why this difference ? Because, in regard to the conclusion he forms in his individual capacity, he is sincerely desirous that it be just and true: whereas, in regard to the conclusion he forms in his official capacity, he cares not a straw whether it be true or untrue. In this case, all his concern is that it be found justifiable; conformable to the standard, whether in the way of statute law or jurisprudential law, to which, by his superiors and the public, his decisions are expected and required to be found conformable. Sect. II.?Probable source of this branch of the exclusionary system?Its inconsistencies. The closer we look into the origin of this system of exclusion, the more thoroughly we may be convinced of its hollowness and injustice. By whom have the exclusions been put ? By the legislator, in the way of statute law ? No; but by the judge, in the way of jurisprudential law. If by the legislator, operating in the way of statute law; the ground for it, though still untenable, would not have been so completely hollow. To the legislator, in his situation, it might have been competent to say, ?the judge, 1 fear, will not be sufficiently upon his guard against evidence thus circumstanced: the safe course will be to exclude it; and so, excluded it shall be: I will not trust himwith it. Here, as already shewn, this would have been shortsightedness, rashness, error; inconsistency, however, there would have been none. But from the judge, nothing could have been more inconsistent, nothing, on any other supposition than that of improbity, more absurd. I will not trust myself with this evidence: it will deceive me: I am not upon my guard aga...

The Privilege Against Self-Incrimination and Criminal Justice

The Privilege Against Self-Incrimination and Criminal Justice PDF

Author: Andrew Choo

Publisher: A&C Black

Published: 2014-07-18

Total Pages: 233

ISBN-13: 178225322X

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The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. A logical implication of recognising a privilege against self-incrimination should be that a person is not compellable, on pain of a criminal sanction, to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offence. Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that, if provided, could be used in a subsequent prosecution of the person providing it. This book examines the operation of the privilege against self-incrimination in criminal proceedings in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998. Among the questions addressed are how the privilege might be justified, and whether its scope is clarified sufficiently in the relevant case law (does the privilege apply, for example, to pre-existing material?). Consideration is given where appropriate to the treatment of aspects of the privilege in Australia, Canada, India, New Zealand, the USA and elsewhere.