“According to this it is hardly proper to speak of the probability of
any result. Every individual event is either absolutely necessary or
impossible. The probability is a quality which can pertain only to a
hypothetical judgment.”[147]
That it is improper to speak of the probability of a result admits of no
doubt, nor will anybody assert that the circumstance of to-morrow’s rain
is in itself probable or improbable--the form of expression is only a
matter of usage. It is, however, necessary to distinguish between
conditioned and unconditioned probability. If I to-day consider the
conditions which are attached to the ensuing change of weather, if I
study the temperature, the barometer, the cloud formation, the amount of
sunlight, etc., as conditions which are related to to-morrow’s weather
as its forerunners, then I must say that to-morrow’s rain is probable to
such or such a degree. And the correctness of my statement depends upon
whether I know the conditions under which rain must appear, more or less
accurately and completely, and whether I relate those conditions
properly. With regard to unconditioned probabilities which have nothing
to do with the conditions of to-day’s weather as affecting to-morrow’s,
but are simply observations statistically made concerning the number of
rainy days, the case is quite different. The distinction between these
two cases is of importance to the criminalist because the substitution
of one for the other, or the confusion of one with the other, will cause
him to confuse and falsely to interpret the probability before him.
Suppose, e.g., that a murder has happened in Vienna, and suppose that I
declare immediately after the crime and in full knowledge of the facts,
that according to the facts, i.e., according to the conditions which
lead to the discovery of the criminal, there is such and such a degree
of probability for this discovery. Such a declaration means that I have
calculated a conditioned probability. Suppose that on the other hand, I
declare that of the murders occurring in Vienna in the course of ten
years, so and so many are unexplained with regard to the personality of
the criminal, so and so many were explained within such and such a
time,--and consequently the probability of a discovery in the case
before us is so and so great. In the latter case I have spoken of
unconditioned probability. Unconditioned probability may be studied by
itself and the event compared with it, but it must never be counted on,
for the positive cases have already been reckoned with in the
unconditioned percentage, and therefore should not be counted another
time. Naturally, in practice, neither form of probability is frequently
calculated in figures; only an approximate interpretation of both is
made. Suppose that I hear of a certain crime and the fact that a
footprint has been found. If without knowing further details, I cry out:
“Oh! Footprints bring little to light!” I have thereby asserted that the
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