Another fairly clear reason for partial confession, is shown in the
confession to a certain degree of malicious intent, as the denial of the
intent to kill. If this is made by a person who may be supposed to know
the legal situation, either because of earlier experience or for other
reasons, there is sufficient justification for doubting the honesty of
his confession. Most of such cases belong to the numerous class in which
the defendant confesses to a series of facts or a number of things, and
denies a few of them without any apparent reason; he may confess to a
dozen objects used in an assault and simply refuse to discuss two
probably quite insignificant ones. If such a case comes up for judgment
to the full bench, half the judges say that since he has stolen twelve
he must have taken the other two, and the other half say that since he
has confessed to twelve he would have confessed to the other two if he
had taken them. Generally speaking, both sides are right; one inference
is as justified as the other. As a rule, such cases do not repay a great
deal of troublesome examination, inasmuch as the question of A’s having
stolen twelve or fourteen objects can little affect either his guilt or
his sentence. But it is to be remembered that it is never indifferent
whether a man pleads guilty or not guilty, and later on, especially in
another case, it may be quite the reverse of indifferent whether a man
is condemned because of a matter indifferent to-day. Suppose that the
denied theft was of a worthless but characteristic thing, e.g. an old
prayer-book. If now the thief is again suspected of a robbery which he
denies and the theft is again that of an old prayer-book, then it is not
indifferent as a matter of proof whether the man was condemned for
stealing a prayer-book or not. If he was so condemned, there will
already be remarks about, “a certain passion for old prayer-books,” and
the man will be suspected of the second theft.
Public-domain text, read in full here on John Shaqi.
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