Rationale of judicial evidence, specially applied to English practice, from the MSS. of J. Bentham [ed. by J.S. Mill].1827 |
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Common terms and phrases
admission admitted afford altogether appear applied authentication bability brought to view capable casually-written evidence cause cerning character circum circumstances circumstantial evidence confessionalist confessorial evidence consideration considered course of nature criminative decision defendant degree dence deposing witness direct evidence disconformity discourse disprobabilizing effect English law evidentiary fact exhibited existence extrajudicially fact in question false forgery fraud given ground hand happen hearsay evidence impossible improbability incorrectness incredible inference instance instrument interrogation judge judicial justice latitancy less makeshift evidence matter mendacity ment mind misdecision mode modifications motive object occasion offence operate oral original particular party penal person persuasion posed preappointed present principal fact probability probabilizing probative force produced proof punishment purpose racter real evidence reason regard respect rule script shape sion sort species of evidence sufficient supposed delinquent supposition taken testimony thing tion transcript trustworthiness truth turally unconformable vexation witchcraft word written evidence
Popular passages
Page 236 - Violenla praesumptio is manie times plena probatio; as if one be runne thorow the bodie with a sword in a house, whereof he instantly dieth, and a man is seene to come out of that house with a bloody sword, and no other man was at that time in the house.
Page 26 - I understand all evidence of which any object belonging to the class of things is the source; persons also included, in respect of such properties as belong to them in common with things.
Page 242 - Because (not to speak of greater numbers) even two articles of circumstantial evidence, — though each taken by itself weigh but as a feather, — join them together, you will find them pressing on the delinquent with the weight of a mill-stone. Give to the evidence in question the form of a written document, the treatment it meets with is reversed. An inexorable bar is now opposed to it. Presented by the mouth of a witness, be its value ever so small, it is allowed * See Book IX.
Page 577 - But neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter which came collaterally in question, though within their jurisdiction, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment.
Page 251 - By including in its composition a portion of circumstantial evidence, the aggregate mass on either side is, if mendacious, the more exposed to be disproved. Every false allegation being liable to be disproved by any such notoriously true fact as it is incompatible with; the greater the number of such distinct false facts, the more the aggregate mass of them is exposed to be disproved...
Page 3 - DISTINGUISHED. o evidence, there are always at least two facts to be considered : 1. the faction probandum, or say, the principal fact, — the fact the existence of which is supposed or proposed to be proved, — the fact evidenced to, — the fact which is the subject of proof: 2. the factum probans, — the evidentiary fact, — the fact from the existence of which that of the factum probandum is inferred.
Page 390 - Many men fear the wrath of Heaven; many men fear loss of character: but all men are acted upon, more or less, by the fear of the jail, the scourge, the gallows, the pillory, and so forth.
Page 579 - Bentham over a century ago as destitute of any semblance of reason, and as "a maxim which one would suppose to have found its way...
Page 151 - ... in his bed, were searched by the ministers of justice. Traitorous bed-fellow with him he had none; a bed-fellow, however, he had, a female, whose reputation would have been ruined by the disclosure. Confusion more or less he could not but have betrayed. Had the search ended there, this confusion would naturally and properly have been regarded as circumstantial evidence of the crime he was suspected of. His presence of mind saved him from that mischance. Uncovering enough of her person to indicate...
Page 585 - iniquity, stopping every day their own pro" ceedings, why scruple to refuse credit to " their own acts?" It is now, however, fully settled, that the answer of the defendant, as well as the depositions of witnesses, in chancery, are evidence in a court of law ; and that " a decree of the court of chancery may be given in evidence, on the same footing, and under the same limitations, as the verdict or judgment of a court of common law...