The most certain foundation for the truth of confession in any case is
the establishment of a clear motive for it--and that is rarely present.
Of course the motive is not always absent because we do not immediately
recognize it, but it is not enough to suppose that the confession does
not occur without a reason. That supposition would be approximately
true, but it need not be true. If a confession is to serve evidentially
the motive must be clear and indubitable. Proof of its mere existence is
insufficient; we must understand the confession in terms of all the
factors that caused it. The process of discovering these factors is
purely logical and generally established indirectly by means of an
apagogue. This is essentially the proof by negation, but it may serve in
connection with a disjunctive judgment which combines possible
alternatives as a means of confirmation. We are, then, to bring together
all conceivable motives and study the confession with regard to them. If
all, or most of them, are shown to be impossible or insufficient, we
have left only the judgment of one or more conclusions, and with this we
have an essentially psychological problem. Such a problem is seldom
simple and easy, and as there is no possibility of contradiction, the
danger is nowhere so great of making light of the matter. “What is
reasserted is half proved.” That is a comfortable assertion, and leads
to considerable incorrectness. A confession is only established in truth
when it is construed psychologically, when the whole inner life of the
confessor and his external conditions are brought into relation with it,
and the remaining motives established as at least possible. And this
must be done to avoid the reproach of having condemned some confessor
without evidence, for a confession having no motive may be untrue, and
therefore not evidential.
(b) _Partial confessions_ are difficult, not only because they make it
harder to prove the evidence for what is not confessed, but also because
what is confessed appears doubtful in the light of what is not. Even in
the simplest cases where the reason for confession and silence seems to
be clear, mistakes are possible. If, for example, a thief confesses to
having stolen only what has been found in his possession but denies the
rest, it is fairly probable that he hopes some gain from the evidence in
which there appears to be no proof of his having stolen what has not
been found upon him. But though this is generally the case, it might
occur that the thief wants to assume the guilt of another person, and
hence naturally can confess only to what he is accused of, inasmuch as
he either has insufficient or no evidence whatever of his guilt for the
rest of the crime.
Public-domain text, read in full here on John Shaqi.
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