DISCUSSION: The passage is concerned with assessing Bentham’s reforms to the rules of evidence.
___________
- CORRECT. Bentham’s non-exclusion principle swept away some unjust rules, such as the rule preventing a defendant from testifying at his own trial. But some evidence will always mislead a jury (lines 40-44), so the author thinks that Bentham was wrong to say we should include everything and let the jury decide.
- This doesn’t even mention Bentham. It’s true the old laws of evidence had deficiencies, but the main point of the paragraph was to discuss how Bentham helped fix them.
- What are those inadequacies? The author seems to think modern evidence law does pretty well. We admit more evidence than the old system, but exclude some problematic things that Bentham would have included.
- This only describes paragraph 4. The passage also listed the disadvantages of the old system and the advantages of the new principle.
- Which proposal has been dismissed? Bentham’s proposal has largely been accepted.
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