If we understand by the term cause the axiom that every change has an
occasion, hence that every event is bound up with a number of conditions
which when lacking in whole or in part would prevent the appearance of
the event, while their presence would compel its appearance, then the
whole business of the criminalist is the study of causes. He must indeed
study not only whether and how crime and criminal are causally related,
but also how their individual elements are bound to each other and to
the criminal; and finally, what causation in the criminal, considered
with regard to his individual characteristics, inevitably led to the
commission of the crime. The fact that we deal with the problem of cause
brings us close to other sciences which have the same task in their own
researches; and this is one of the reasons for the criminalist’s
necessary concern with other disciplines. Of course no earnest
criminalist can pursue other studies for their own sake, he has no time;
but he must look about him and study the methods used in other sciences.
In the other sciences we learn method, but not as method, and that is
all that we need. And we observe that the whole problem of method is
grounded on causation. Whether empirically or aprioristically does not
matter. We are concerned solely with causation.
In certain directions our task is next to the historians’ who aim to
bring men and events into definite causal sequence. The causal law is
indubitably the ideal and only instructive instrument in the task of
writing convincing history, and it is likewise without question that the
same method is specifically required in the presentation of evidence.
Thus: “This is the causal chain of which the last link is the crime
committed by A. Now I present the fact of the crime and include only
those events which may be exclusively bound up with A’s criminality--and
the crime appears as committed. Now again, I present the fact of the
crime and exclude all those events which can without exception be
included only if A is not a criminal--and there is no crime.”[130]
Public-domain text, read in full here on John Shaqi.
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