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The Georgetown Law Journal (Volume 3)

The Georgetown Law Journal (Volume 3)

          
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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: DYING DECLARATIONS The statements of a dying person have been regarded, from an early period, as entitled to a high degree of credit: nemo moriturus proesumitur mentiri. The substantial underlying reason for this belief was well summed up by Shakespeare (about 1595), in the following passage from King John (act V, scene IV), where the declarant, mortally wounded, and, shortly after, dying, made disclosures of a foul conspiracy: Earl of Salisbury: May this be possible? May this be true? Count Melun: Have I not hideous death within my view, Retaining but a quantity of life, Which bleeds away even as a form of wax Resolveth from his figure 'gainst the fire? What in the world should make me now deceive. Since I must lose the use of all deceit? Why should I then be false, since it is true That I must die here, and live hence by truth ? These lines have been quoted more than once as presenting the legal standard required of a person whose statements are permitted to be received in evidence as dying declarations; and it has been remarked that therein Shakespeare did but anticipate the courts. Conceding that the experience of many centuries of observation of the conduct of man, in his relation to human affairs, justifies the belief that a dying man presumably speaks the truth, the subject itself becomes interesting in relation to its legal aspect. In tracing the history of the use of such declarations in judicial proceedings, it must be remembered that the rules of evidence, as now firmly established and applied, are the evolution of a very crude beginning of many centuries ago, when hearsay flourished in full vigor, and jurors were permitted freely to acquaint themselves concerning the matters in suit, both before and during the trial; and the idea that their verdi...


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Product Details
  • ISBN-13: 9780217544597
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 42
  • Series Title: English
  • Weight: 95 gr
  • ISBN-10: 0217544592
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 2 mm
  • Width: 189 mm

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