An essay on the rationale of circumstantial evidence

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Longman, Orme, Brown, Green and Longmans, 1838 - 323 páginas
 

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Página 291 - So it is in contemplation; if a man will begin with certainties, he shall end in doubts; but if he will be content to begin with doubts, he shall end in certainties.
Página 13 - Holland which he was inquisitive after, amongst other things, told him, ' that the water in his country would sometimes in cold weather be so hard that men walked upon it, and that it would bear an elephant, if he were there.' To which the King replied, ' Hitherto I have believed the strange things you have told me, because I look[ed] upon you as a sober, fair man; but now I am sure you lie.
Página 54 - t; I have use for it. Go, leave me. — (Exit Emilia). I will in Cassio's lodging lose this napkin, And let him find it. Trifles, light as air, Are to the jealous confirmations strong As proofs of Holy Writ.
Página 286 - This is what the daily experience of courts of justice teaches. When accounts of a transaction come from the mouths of different witnesses, it is seldom that it is not possible to pick out apparent or real inconsistencies between them. These inconsistencies are studiously displayed by an adverse pleader, but oftentimes with little impression upon the minds of the judges. On the contrary, a close and minute agreement induces the suspicion of confederacy and fraud.
Página 177 - ... to other persons, together with a scrap of paper found in the prisoner's bureau, had formed one sheet of paper; the ragged edges of the different portions exactly fitting each other, and the water-mark name of the maker, which was divided into three parts, being perfect when the portions of paper were united. The jury found the prisoner guilty, and he was sentenced to be transported for fourteen years.
Página 186 - They ought rather to reflect, that he who falls by a mistaken sentence, may be considered as falling for his country ; whilst he suffers under the operation of those rules, by the general effect and tendency of which the welfare of the community is maintained and upholden.
Página 180 - No person is to be required to explain or contradict, until enough has been proved to warrant a reasonable and just conclusion against *him, in the absence of explanation or contradiction ; but [ *16.
Página 84 - ... neither the judges, nor any present at the trial, did believe him guilty, but that he was a poor distracted wretch weary of his life, and chose to part with it this way.
Página vi - The word evidence, in legal acceptation, includes all the means by which any alleged matter of fact the truth of which is submitted to investigation is established or disproved.
Página 36 - ... and a presumption, which necessarily arises from circumstances, is very often more convincing and more satisfactory than any other kind of evidence, because it is not within the reach and compass of human abilities to invent a train of circumstances, which shall be so connected together, as to amount to a proof of guilt, without affording opportunities of contradicting a great part, if not all, of these circumstances.

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