A Selection of Cases on Evidence; For the Use of Students of Law

A Selection of Cases on Evidence; For the Use of Students of Law

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...refusal: "According to their the prosecution's statement, a witness can never refuse to answer any question unless that answer, unconnected with other testimony, would be sufiicient to convict him of a crime. This would be rendering the rule almost perfectly worthless. Many links frequently compose that chain of testimony which is necessary to convict any individual of a crime. It appears to the Court to be the true sense of the rule that 'no witness is compellable to furnish any one of them against himself. It is certainly not only a possible but a probable case that a witness, by disclosing a single fact, may complete the testimony against himself, and to every effectual purpose accuse himself as entirely as he would by stating every circumstance which would be required for his conviction. That fact of itself might be unavailing; but all other facts without it would be insufiicient. Vhile that remains concealed within his bosom, he is safe; but draw it from thence, and he is exposed to a prosecution. The rule which declares that no man is compellable to accuse himself would most obviously be infringed by compelling a witness to disclose a fact of this description. What testimony may be possessed, or is attainable, against any individual, the Court can never know. It would seem, then, that the Court ought never to compel a witness to give an answer which discloses a fact that would form a necessary and essential part of a crime which is punishable by the laws."' 1-V. C. Leach, in Grcvn v. Weaver, I $im. 404, 430 (1827): "L. C. Eldon, in Paxton v. DaugIa:, went there to the extent of stating, not only that a man should not make a discovery that would subject himself directly to penalty or criminal prosecution, but...show more

Product details

  • Paperback | 320 pages
  • 189 x 246 x 17mm | 572g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236979230
  • 9781236979230