That probability is in this way and in a number of relations, of great
value to the criminalist can not appear doubtful. Mittermaier defines
its significance briefly: “Probability naturally can never lead to
sentence. It is, however, important as a guide for the conduct of the
examiner, as authorizing him to take certain measures; it shows how to
attach certain legal processes in various directions.”
Suppose that we review the history of the development of the theory of
probability. The first to have attempted a sharp distinction between
demonstrable and probable knowledge was Locke. Leibnitz was the first to
recognize the importance of the theory of probability for inductive
logic. He was succeeded by the mathematician Bernoulli and the
revolutionist Condorcet. The theory in its modern form was studied by
Laplace, Quetelet, Herschel, von Kirchmann, J. von Kries, Venn, Cournot,
Fick, von Bortkiewicz, etc. The concept that is called probability
varies with different authorities. Locke[144] divides all fundamentals
into demonstrative and probable. According to this classification it is
probable that “all men are mortal,” and that “the sun will rise
to-morrow.” But to be consistent with ordinary speech the fundamentals
must be classified as evidence, certainties, and probabilities. By
certainties I understand such fundamentals as are supported by
experience and leave no room for doubt or consideration--everything
else, especially as it permits of further proof, is more or less
probable.
Laplace[145] spoke move definitely--“Probability depends in part on our
ignorance, in part on our knowledge....
“The theory of probability consists in the reduction of doubts of the
same class of a definite number of equally possible cases in such a way
that we are equally undetermined with regard to their existence, and it
further consists in the determination of the number of those cases which
are favorable to the result the probability of which is sought. The
relation of this number to the number of all possible cases is the
measure of the probability. It is therefore a fraction the numerator of
which is derived from the number of cases favorable to the result and
the denominator from the number of all possible cases.” Laplace,
therefore, with J. S. Mill, takes probability to be a low degree of
certainty, while Venn[146] gives it an objective support like truth. The
last view has a great deal of plausibility inasmuch as there is
considerable doubt whether an appearance is to be taken as certain or as
only probable. If this question is explained, the assertor of certainty
has assumed some objective foundation which is indubitable at least
subjectively. Fick represents the establishment of probability as a
fraction as follows: “The probability of an incompletely expressed
hypothetical judgment is a real fraction proved as a part of the whole
universe of conditions upon which the realization of the required result
necessarily depends.
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