In saying that the defendant was the person who fired the shot, while would be in terms testifying a fact, would still drawing an inference, and giving an opinion, based upon his recollection the person whom saw engaged in the act firing, and of the likeness or resemblance such person the prisoner at the bar, which would a matter comparison and opinion.
So, too, although could not see the bullet take its course from the mouth the gun and imbed itself in the body the deceased, yet if saw the firing, heard the explosion, saw the flash and smoke the powder, observed the direction buy cheap essays online in which the accused pointed the weapon, and saw the deceased stagger and fall, would allowed testify in answer a direct question whether or not the accused shot the deceased.
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And, yet in making that answer would testifying not simply a matter actual observation, but a conclusion. As in reference the question identity as to many other matters which come before our courts, in all of which the witnesses are permitted, without objection, testify conclusions and give answers which are the result inferences which they paper writing website draw themselves, rather than a statement their actual observations.
The law not a metaphysical but a practical science, limited and confined the practical restrictions which experience has shown must put upon in order enable accomplish its object administering justice between man and man. Men form such conclusions as have been indicated, instinctively and unconsciously, and it would practicably impossible for them narrate an occurrence without embodying in their narration some these natural and unconscious conclusions. The law, essay 123 help therefore, includes among the matters which witnesses are permitted characterize as facts, those daily and hourly inferences and deductions custom essay writing which all men are accustomed make, and concerning which no two men who are properly constituted can greatly differ.
It true that this practice sometimes leads error, but has grown out necessity. The greatest safeguard that upon the trial a question fact both sides are represented by counsel, and the opportunity which cross-examination offers to an advocate even reasonable and ordinary skill such, that these conclusions and inferences may sifted down through the chain observation, and the process drawing these conclusions and inferences from a series facts, tested in such a manner that the improbability, probability, or truth any given inference or conclusion may determined with substantial accuracy.
The illustrations which have been given above exhibit the simplest form in which so-called direct testimony can demonstrated not always positive and direct testimony, but somewhat a matter inference.
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Other examples and illustrations common occurrence will exhibit still more closely the line between actuality and opinion.
At times it becomes essential the determination a question, that the courts should know whether or not a person was angry, whether or not was intoxicated, or whether or not at a given time, when his i need help on my english essay mental status was under observation, acted rationally or irrationall Lay witnesses have for many years been permitted testify from observation, and without possessing any special qualification as the existence or nonexistence such conditions as those just mentioned in a person whose actions are under dissertation writing services usa consideration. It manifest that in making any such inferences the witnesses testimony mainly a conclusion based inference. Take the case anger.
How shall that determined? It difficult describe anger. A loud voice, a flushed face, the use bitter words, nervous, excitable, demonstrative action all these symptoms might occur, or but few them might occur. So, too, in the matter intoxication.
It well known that some individuals exhibit the effects intoxicants in an entirely different manner and degree from others. Some men who are very much intoxicated, as quite incapable, in the eye the law, of forming a criminal intent, or contracting an obligation which would valid, may still able walk perfectly straight, or talk without much confusion. Others, whose walk and demeanor would indicate academic freelance phd no thesis writers a considerable degree of intoxication, might mentally clear and unruffled and even stimulated intoxicants precise mental co-ordination and reasoning. Again, there are persons, as whom a witness, after stating that had observed them, and after stating the particular matters and things in which such persons were engaged, might with apparent accuracy state that they acted rationally or irrationally, and yet such persons might nevertheless, upon furthfr examination, found have been acting according a particular custom or habit, or idiosyncrasy of long years standing. Thus apparent that in each these cases, when the witness attempts state what, out necessity, the court treats as a fact, whether a given person is or not angrj, or intoxicated, or irrational the witness is really testifying the result, in his own mind, his observations the condition and conduct the person who under investigation, when compared with a standard which the witness has erected for help with research papers himself. Hence such results are really matters opinion evidence, pure and simple. Other examples a like character are found in statements as weight, height, distance, speed, and the like, as which men common powers observation, who are not strictly experts, are, because convenience and necessit and the probability of reasonable and ordinary accuracy, commonly permitted give their own judgment and conclusions as evidence. All Witnesses Often Permitted Draw and State Conclusions in Matters Involving Numerous and Complicated Details.