A Treatise on the Law of Criminal Evidence, Including the Rules Regulating the Proper Presentation of Evidence and Its Relevancy (Classic Reprint)

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Excerpt from A Treatise on the Law of Criminal Evidence, Including the Rules Regulating the Proper Presentation of Evidence and Its Relevancy The existing law of criminal evidence is almost wholly the product of the judiciary of England and America during the last hundred years. The disadvantages by which the accused was oppressed during the earlier periods of English criminal jurisprudence inaugurated a process of judicial legislation which evolved a series of extremely technical rules. These rules mitigated, in a large degree, the severity of the law, and frequently enabled an accused person to establish his innocence. The advance of education and of humane ideas which has, during the present century, effected so radical a reform in our criminal law to the advantage of the accused, has obviated the necessity for these rules. The rules of modern criminal procedure have been conceived in a liberal spirit, and such safeguards are still thrown around the accused as enable him to defend himself with much greater advantage than he could possess if he wore defending a civil action. But the state, as well as the prisoner, has rights in criminal proceedings, and it has been my aim to define these rights as far as possible. I have endeavored to present: First. A concise, but comprehensive and systematic treatment of those fundamental doctrines of the law of evidence which are exclusively invoked in the trial of crimes. Second. Those rules and principles of the law of evidence, which, while not confined in their application to criminal trials, are very frequently under consideration during such proceedings. The relevancy of particular classes of facts and the mode of proving them are considered. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.