1. Biblical Origin of the Constitution's Two-Witness Standard.
- Author
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Palmer, Cade S
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PUNISHMENT , *CONSTITUTIONS , *CRIME , *TREASON , *LEGAL history , *CRIMINAL law , *COUNTERFEIT money , *MISDEMEANORS - Abstract
John Dickinson commenced the discourse, as "He wished to know what was meant by the 'testimony of two witnesses;' whether they were to be witnesses to the same overt act, or to different overt acts."[11] Dickinson expressed a strong preference that the two witness the same overt act, and the Convention generally concurred. Treason is the only criminal offense defined in the Constitution, and as such, allegations of the crime are sparsely levied. 71 Chapin, "Colonial and Revolutionary Origins of the American Law of Treason", 10. 72 The following statutes included two-witness standards: An Act to punish Treasons and disaffected Persons, and for the Security of the Government (1777) in Delaware. New Jersey in 1668 and the New Plymouth Colony in 1671 mandated two or three witnesses in any case concerning taking away a man's life.[61] In 1676, New Jersey extended the reach of the witness requisite to all matters, mandating "at least" two witnesses.[62] The Massachusetts Bay Colony utilized the requirement for treason charges in 1678 in a fashion heavily reflecting the British tradition, though without specifying treasonous acts as did 25 Edw. [Extracted from the article]
- Published
- 2022
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