Much testimony contains similar, if not so thorough-going
contradictions. If they are credited in spite of this fact the silly
believer may be blamed, but he is justified in the eyes of the law if
the above-mentioned legal conditions were satisfied. Hence, the
frightfully frequent result: “Whether the witness’s deposition is true,
is a matter for his own conscience; eventually he may be arrested for
perjury, but he has made his statements and I judge accordingly.” What
is intended with such a statement is this: “I hide behind the law, I am
permitted to judge in such a case in such a way, and nobody can blame
me.” But it is correct to assert that in such cases there is really no
evidence, there is only a form of evidence. It can be actually
evidential only when the testimony is tested logically and
psychologically, and the ability and willingness of the witness to tell
the truth is made clear. Of course it is true, as Mittermaier says, that
the utterance of witnesses is tested by its consistency with other
evidence, but that is neither the only test nor the most valid, for
there is always the more important internal test, in the first place;
and in the second place, it is not conclusive because the comparison may
reveal only inconsistency, but can not establish which of the
conflicting statements is correct. Correctness can be determined only
through testing the single statements, the willingness and ability of
each witness, both in themselves and in relation to all the presented
material.
Let us take now the third condition of our suppositions case, i.e.
partial confession. It is generally self-evident that the value of the
latter is to be judged according to its own nature. The confession must
be accepted as a means of proof, not as proof, and this demands that it
shall be consistent with the rest of the evidence, for in that way only
can it become proof. But it is most essential that the confession shall
be internally tested, i.e. examined for logical and psychological
consistency. This procedure is especially necessary with regard to
certain definite confessions.
(a) Confessions given without motive.
(b) Partial confessions.
(c) Confessions implying the guilt of another.
(a) Logic is, according to Schiel[128] the science of evidence--not of
finding evidence but of rendering evidence evidential. This is
particularly true with regard to confessions, if we substitute
psychology for logic. It is generally true that many propositions hold
so long only as they are not doubted, and such is the case with many
confessions. The crime is confessed; he who confesses to it is always a
criminal, and no man doubts it, and so the confession stands. But as
soon as doubt, justified or unjustified, occurs, the question takes
quite a different form. The confession has first served as proof, but
now psychological examination alone will show whether it can continue to
serve as proof.
Public-domain text, read in full here on John Shaqi.
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