An important gesture is that of resignation, which expresses itself
especially as folding the hands in one’s lap. This is one of the most
obvious gestures, for “folding the hands in the lap” is proverbial and
means there is no more to be done. The gesture signifies, therefore,
“I’m not going to do any more, I can’t, I won’t.” Hence it must be
granted that the condition of resignation and its gesture can have no
significance for our own important problem, the problem of guilt,
inasmuch as the innocent as well as the guilty may become resigned, or
may reach the limit at which he permits everything to pass without his
interference. In the essence and expression of resignation there is the
abandonment of everything or of some particular thing, and in court,
what is abandoned is the hope to show innocence, and as the latter may
be real as well as merely pleaded, this gesture is a definite sign in
certain cases. It is to be noted among the relations and friends of a
defendant who, having done everything to save him, recognize that the
evidence of guilt is irrefutable. It is again to be noticed among
courageous lawyers who, having exerted all their art to save their
clients, perceive the failure of their efforts. And finally, the
defendants show it, who have clearly recognized the danger of their
case. I believe that it is not an empirical accident that the gesture of
resignation is made regularly by innocent persons. The guilty man who
finds himself caught catches at his head perhaps, looks toward heaven
gritting his teeth, rages against himself, or sinks into a dull apathy,
but the essential in resignation and all its accompanying movements is
foreign to him. Only that conforms to the idea of resignation which
indicates a surrender, the cession of some value that one has a claim
on--if a man has no claim to any given thing he can not resign it. In
the same way, a person without right to guiltlessness and recognition,
will instinctively not surrender it with the emotion of resignation, but
at most with despair or anger or rage. And it is for this reason that
the guilty do not exhibit gestures of resignation.
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