date

[...?] 1804 Evidence Ch [.
[...?] 1804

Evidence

Ch [...?]

 Assess Forgery of Real - and all the other modifications of circumstantial.

Ch. Interception of criminative evidence.

By the interception of criminative evidence I mean the preventing it from coming into existence. The explanatory locution would have been more expressive, but it would have been too long to be employed in the character of a subject of predication.

Under the notion of the act must to this purpose /on this occasion/ be understood to be included that of the endeavour.

The evidence considered on this occasion as capable of being intercepted or endeavoured to be intercepted may of course be any species of evidence whatsoever: real, or personal; personal whether exhibited by testimony, by passive /active/ deportment of by active /passive/.

In so far as it bears reference to real evidence, interception of evidence is closely allied to forgery of real evidence in /under/ one of its shapes /modifications/, viz: [.../] obliterative. They /There/ exist not however between them the two notions in any case any coincidence: of neither of them is the denomination capable of being applied /employed/ to denote the other. Obliterative forgery - obliteration - supposes the evidence previously in existence: interception supposes it not to have been previously in existence

Forgery is moreover confined to real evidence, including written evidence in respect of that part of its nature whereby it coincides with, and forms a species /constitutes a modification/ of real evidence.

Interception, as already noted, applies to every modification of evidence - without exception - personal as well as real.

 Go on with 1. Productive causes 2. Infirmative facts - Reference to the species intercepted.
Similar Items
  • Title: [16 Sept 1804 Evidence Circumstantial]
    Description: 16 Sept 1804

    Evidence

    Circumstantial

    Ch. [...?] [...?] [...?]

    § 1. Generalis[?]

    Ch. Probative force of the several species /above modifications/ of circumstantial evidence - causes of its failure.

    Take on the one part any given principal fact; on the other, any given evidentiary fact, being such with reference to the above principal fact: and let the existence of the evidentiary fact be supposed to be certain - admitted as such on all hands. To whomsoever it appears that such is the strength /probative force/ of the connection between the two in this case no /no/ [...?] of things can take a place in which the principal fact shall not have happened, to him the probative force of the evidentiary fact must /can not but/ appear conclusive.

    To whomsoever it appears that in the same case this or that fact may have existed /had existence/, the existence of which being supposed the principal fact may not have happened, to him the probative force of the evidentiary fact must appear short of conclusive

    The deficiency in point of conclusiveness will appear greater and greater, the greater the probability of such collateral and hypothetical infirmative fact: and suppose a number of these hypothetical facts, the probability of each being the same the above deficiency will be greater and greater, in proportion as the number of such infirmative facts is greater: - all these separate /several/ infirmative facts will form an aggregate /a sort of complex/ infirmative fact the infirmative force of which will be as the number of the elementary or compound infirmative facts. In like manner by the ordinary mathematical methods, if the probability of each such elementary infirmative fact were given, although in the case of each it were different in the case of each, the aggregate infirmative force of the aggregate infirmation fact might be obtained.
  • Title: [[048-179b] 25 Sept. 1804 Evidence]
    Description: [048-179b]

    25 Sept. 1804

    Evidence

    Note

    Circumstantial

    Ch. Failure Causes

    §. Delinquency. Clandestinity

    Disguise[?] - Search[?]

    [...?] (a)

    B. Of Circumstantial Evidence

    Ch. ( ). General View[?]

    §.1.

    The [...?] of circumstantial evidence presents itself as the first to be brought to view. - Why so? - Because this can /is may/ be /capable of being/ treated[?] of without the [...?] of any part of the matter contained in /under/ any of the other heads. None of them can be clearly or /and/ satisfactorily treated of without the introduction of more or less of the matter contained in this.

    The relations we have here to bring to view are no other than those /the relations/ which subsist[?] between fact and fact: between one fact considered as the principal fact - the fact to be proved or disproved, and another fact considered as evidentiary in relation to it - as applicable in the character of evidence to prove or to help prove the existence or non-existence of it.

    We shall not in this whole book, be imbarassed[?] by any of these doubts and difficulties which [.../] hover over human testimony /the expanse/. For the purpose of the inquiry /argument/ The existence of the evidentiary fact will be supposed to have been established, no matter how: and the question /consideration/ will be confined to the connection between that and the principal fact to the proof of which it is considered as applicable.

    Note

    Clandestinity of the act - Of this and the next[?] modification of voluntary deportment evidentiary /capable of affording circumstantial evidence/ of delinquency, viz: 2.[?] Forgery of real evidence: 3. Opposition to physical investigation. 4. Tampering with witnesses. 5. Latitantcy. 6. Substraction of property and other pledges of justiciability, and 7 Tampering with prosecutor, it is almost needless to observe that in several transactions the scene being out of court the evidence to the Judge will not present itself in the shape of immediate, but only in the shape of reported evidence. Consequently the evidentiary chain can not in one of these cases consist of any smaller number of links than five, nor of any smaller number of joints than four, exposed each of them to the infirmative force of its several infirmative facts, as above exhibited.
  • Title: [19 Apr 1803 Evidence Correction]
    Description: 19 Apr 1803

    Evidence

    Correction

    Plan

    Introd. Ch.3

    For the purpose of demonstrating the first proposition, and of[?] solving the two others, no small tract of speculative ground will require to be travelled over.

    Ch 1.Facts Considered as the subject matter of evidence. Ch.2/3 Species of evidence enumerated and explained.

    Ch.4.Mode of measuring and expressing, on each occasion, the degree of the persuasion produced by evidence. Ch.5.Foundation of persuasion, as produced by evidence: i:e: of the disposition in human nature, to infer the existence of one fact from that of another.

    Ch.6.Decision, where allowable without evidence - for example where the fact takes place within the view of the Judge.

    Ch.7.Causes of fallaciousness in real evidence: and herein of forgery in respect of /having for its subject/ real evidence for its subject Ch.8.Modifications of falshood of which falshood is susceptible in the case of in personal evidence: and herein of falshood in toto - in circumstance - in quantity in quality - on the subject of identity /questions of identity/.

    Ch.9.Causes of incorrectness in personal evidence - viz: where the falshood is not wilful.

    Ch.10. Causes of veracity in personal evidence. Ch.11. Causes of mendacity in personal evidence.

    Ch.12.Judicial processes for ensuring correctness and veracity. Examination vivâ voce - answers unpremeditated - cross Examination &

    Ch.13. Comparative force of different species of evidence

    Ch.14. Best Evidence - how composed.

    [In margin:] Continue the Table of Books and chapters - with brief occasional explanations.