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113 conscience intime.Theonly question that the jurors were to ask themselves was the well-known one: “Avez-vous une ferme conviction?”**- Although truth in itself was of an either/or nature, the legal certainty of the facts was conceived of as a matter of degrees. It was arrived at “par les traces qu’ils ont laissées apres eux.”**^ For Chanin, the most important kinds of traces are mediated by witnesses. It is impossible, however, to give rules on how to evaluate a witness’s testimony because of the “variations continuelles de son coeur et de ses affections, par son art ä les déguiser, ou par la difficulté d’en avoir la preuve, lors merne qu’elles se montrent le plus ä découvert.”**** Instead of rules, the French juristic writing prefers to talk of reasonable principles. According to Dumont, “there are very few absolute rules ... and the most important of all is to avoid those that might force the judge to pronounce himself against his conviction.”**5 Following Beccaria, Chanin stated that certain principles as to the credibility of the witness could, nevertheless, be established. The witness and the accused could have a personal relationship of friendship or hatred; a witness’s credibility can further be influenced by his or her membership in a society or corporation. Chanin stressed the importance of paying attention to the gestures and tone of voice of the witness.**^ Citing Blackstone, the French author wrote that confession did not automatically constitute full proof against the accused. To serve as sufficient proof, a conviction needed to be “eertain and precise ... not equivocal or obscure.” Furthermore, it needed to be given in court, for the conviction of the jurymen could hardly be based on documents only. The confession, to be credible, had to be consistent with the facts and circumstances of the crime. Limitations and Extensions The lawof October 25, 1795, limited jury membership to voters who had to be a minimumof 30 years of age. In addition, the choice of jurors became a more centralized procedure.**** With Napoléon, the choice of jurymen was further centralized m 1804.**“* ■*' Oudot 1845 p. 442. ■*2 Chanin IX p. 23. Ibid. pp. 26-29. Ibid. p. 30. ■*5 Dumont wrote the preface for his enormously influential translation of Bentham’s “Traité des preuves judieiaire,” Bentham 1823 pp. vii-viii. Chanin IX pp. 32-33. Ibid. pp. 59—64. ■*** Lombard 1993 p. 161. It beeame a prefect’s task; ibid. p. 166. 47

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