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From Written to Oral: How Did Nineteenth-Century New York Change the History of Testimony Collection?
As the legal process evolved, so did the way testimony was collected. Especially in 19th-century New York, the way testimony was collected underwent an epochal change. This change not only affected the legal process of the time, but also laid the foundation for today's testimony gathering.
Before the 18th century, evidence collection relied mainly on written inquiries. This model has long been ingrained in the British legal system, when parties could only ask written questions, which were read to the witness in a closed conference by a court-appointed official, and the witness's answers were recorded in the form of a third-person narration.
The process of written inquiry is not limited to the defendant and the plaintiff, but pays more attention to the confidentiality of the legal process.
However, with legal reforms in New York in the 19th century, the system began to change. Judge James Kent of the New York Chancery Court began allowing legal representatives to directly examine witnesses orally. This move not only improves the immediacy and interactivity of testimony collection, but also introduces the practice of legal agents being present to participate, making the entire process transparent and allowing witnesses to provide testimony in a more natural environment.
Such changes also make the deposition collection process more efficient. Many legal practitioners realize that when witnesses can respond immediately during oral examination, the information obtained is more authentic and diverse. As oral testimony grew in importance, the obsolescence of written questions became increasingly apparent.
The immediate testimony provided by a witness can have a significant impact on subsequent trials and legal successes.
At the end of the 19th century, with the development of legal technology, written records were transformed into verbatim transcriptions, and court stenographers began to record oral testimony in words, which further promoted the value of testimony in legal proceedings. The new method allows legal practitioners to accurately quote testimony and use it effectively in subsequent trials.
In addition to changes in approach, Canada's legal system has been similarly affected. The way testimonies are collected continues to evolve in Canada, forming a "review process" similar to that in the United States. Each participant is encouraged to take an active part in the process, which not only enhances the fairness of the law but also improves the quality of testimony.
On the other hand, although China's testimony collection process is still subject to legal restrictions, this series of historical changes shows the diversity of testimony collection in different legal jurisdictions. Although China's current legal regulations on the use of evidence collection in foreign courts are relatively strict, future legal developments are still worthy of attention.
With the advent of the 21st century, the integration of digital technology and the modernization of legal procedures have led to the increasing development of testimony collection methods. Whether oral or written, how to use modern technology to further improve the legal process will be an important issue in the future.
The history and changes of various testimony collections not only reflect the development of law, but also make us reflect on the credibility and importance of testimony in modern society. How should we view it?
