The Principles of the Law of Evidence (Volume 2); With Elementary Rules for Conducting the Examination and Cross-Examination of Witnesses - Softcover

Inhaltsangabe

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882. Excerpt: ... oaths; as also by others who delude themselves into the belief that deception in this shape is, in a religious and moral point of view, either not criminal, or criminal in a less degree than actual falsehood. "Perjuri sunt qui, servatis verbis juramenti, decipiunt aures eorum qui accipiunt." (r) 658. The maxim "falsus in uno, falsus in omnibus," (s) may be pushed too far. It must not be supposed that all the untrue testimony given in courts of justice proceeds from an intention to mistate or deceive. m On the contrary, it must usually arises from interest or bias in favor of one party, which exercises on the minds of the witnesses an influence of which they are unconscious, and leads them to give distorted accounts of the matters to which they depose. Again, some witnesses have a way of compounding with their consciences--they will not state positive falsehood, but will conceal the truth, or keep back a portion of it; while others, whose principles are sound and whose testimony is true in the main, will lie deliberately when questioned on particular subjects, especially on some of a peculiar and delicate nature. The mode of extracting truth by cross-examination is, however, pretty much the same in all cases; namely, by questioning about matters which lie at a distance, and then showing the falsehood of the direct testimony by comparing it with the facts elicited. 659. Although in enumerating the means by which adverse witnesses are to be encountered, Quintilian puts first, (7) "timidus (testis) terreri potest," still, menacing language and austerity of demeanor are not he most efficacious weapons for this purpose. For, although there are cases in which they may be em (r) 3 Inst. 166. (/) Supra, § 653. 0) Broom's Max. xxviii. 4th Ed. ployed with advan...

Die Inhaltsangabe kann sich auf eine andere Ausgabe dieses Titels beziehen.