We shall not espouse either pietism, scepticism, or criticism. We have
merely to consider the individual phenomena, as they may concern the
criminalist; to examine them and to establish whatever value the
material may have for him; what portions may be of use to him in the
interest of discovering the truth; and where the dangers may lurk that
menace him. And just as we are aware that the comprehension of the
fundamental concepts of the exact sciences is not to be derived from
their methodology, so we must keep clearly in mind that the truth which
we criminalists have to attain can not be constructed out of the
_formal_ correctness of the content presented us. We are in duty bound
to render it _materially_ correct. But that is to be achieved only if we
are acquainted with principles of psychology, and know how to make them
serve our purposes. For our problem, the oft-quoted epigram of Bailey’s,
“The study of physiology is as repugnant to the psychologist as that of
acoustics to the composer,” no longer holds. We are not poets, we are
investigators. If we are to do our work properly, we must base it
completely upon modern psycho physical fundamentals. Whoever expects
unaided to find the right thing at the right moment is in the position
of the individual who didn’t know whether he could play the violin
because he had not yet tried. We must gather wisdom while we are not
required to use it; when the time for use arrives, the time for harvest
is over.
Let this be our fundamental principle: _That we criminalists receive
from our main source, the witnesses, many more inferences than
observations_, and that this fact is the basis of so many mistakes in
our work. Again and again we are taught, in the deposition of evidence,
that only facts as plain sense-perceptions should be presented; that
inference is the judge’s affair. But we only appear to obey this
principle; actually, most of what we note as fact and sense-perception,
is nothing but a more or less justified judgment, which though presented
in the honestest belief, still offers no positive truth. “Amicus Plato,
sed magis amica Veritas.”
Public-domain text, read in full here on John Shaqi.
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