There need only have been a presupposition, accepted at
the beginning of the examination, when the examination of the premises
took place, as to the visible condition of things; and this might have
given apparent justification to doubtful material and have rendered it
intelligible, only to be shown later as false. The so-called “local
examination” however, is generally supposed to be “objective.” It is
supposed to deal only with circumstantial events, and it does not occur
to anybody to modify and alter it when it is certainly known that at
another point the situation has taken an altogether different form. The
objectivity of the local examination is simply non-existent, and if it
were really objective, i.e., contained merely dry description with so
and so many notations of distances and other figures, it would be of no
use. Every local examination, to be of use, must give an accurate
picture of the mental process of him who made it. On the one hand it
must bring vividly to the mind of the reader, even of the sentencing
judge, what the situation was; on the other, it must demonstrate what
the examiner thought and represented to himself in order that the
reader, who may have different opinions, may have a chance to make
corrections. If I, for example, get the impression that a fire was made
through carelessness, and that somebody lost his life on account of it,
and if I made my local examination with this presupposition in mind, the
description will certainly seem different from that made under the
knowledge that the fire was intentional and made to kill. At trial the
description of local conditions will be read and entered as important
testimony. It satisfies the law if it is taken according to form, has
the correct content, and is read as prescribed. But for our conscience
and in truth this manuscript can be correct only when it is logically
and psychologically presented revised according to the viewpoint its
writer would have had if he had been in possession of all the facts in
possession of the reader. This work of reconstruction belongs to the
most difficult of our psychological tasks--but it must be performed
unless we want to go on superficially and without conscience.
Public-domain text, read in full here on John Shaqi.
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