Evidently the finding of causes involves, according to the complexities
of the case, a varying number of subordinate tasks which have to be
accomplished for each particular incident, inasmuch as each suspicion,
each statement _pro_ or _con_ has to be tested. The job is a big one but
it is the only way to absolute and certain success, provided there is no
mistake in the work of correlating events. As Schell says: “Of all the
observed identities of effect in natural phenomena only one has the
complete strength of mathematical law--the general law of causation. The
fact that everything that has a beginning has a cause is as old as human
experience.” The application of this proposition to our own problem
shows that we are not to turn the issue in any unnecessary direction,
once we are convinced that every phenomenon has its occasion. We are, on
the contrary, to demonstrate this occasion and to bring it into
connection with every problem set by the testimony at any moment. In
most cases the task, though not rigidly divided, is double and its
quality depends upon the question whether the criminal was known from
the beginning or not. The duality is foremost, and lasts longest if
only the deed itself is known, and if the judge must limit himself
entirely to its sole study in order to derive from it its objective
situation.
The greatest mistakes in a trial occur when this derivation of the
objective situation of the crime is made unintelligently, hastily or
carelessly, and conversely the greatest successes are due to its correct
rendering. But such a correct rendering is no more than the
thorough-going use of the principle of causality. Suppose a great crime
has been committed and the personality of the criminal is not revealed
by the character of the crime. The mistake regularly made in such a case
is the immediate and superficial search for the personality of the
criminal instead of what should properly proceed--the study of the
causal conditions of the crime. For the causal law does not say that
everything which occurs, taken as a whole and in its elements, has one
ground--that would be simply categorical emptiness. What is really
required is an efficient and satisfying cause. And this is required not
merely for the deed as a whole but for every single detail. When causes
are found for all of these they must be brought together and correlated
with the crime as described, and then integrated with the whole series
of events.
Public-domain text, read in full here on John Shaqi.
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