“The naïveté of the first glance often takes the prize from scholarship.
All hasty, decisive judgment betrays, when it becomes habitual,
superficiality of observation and impiety against the essential
character of particular facts. Children know as completely determined
and certain a great deal which is doubtful to the mature man” (V.
Volkmar).
So, frequently, the simplest thing we are told gets its value from the
manner of telling, or from the person of the narrator. And inasmuch as
we ourselves are much more experienced and skilful in arranging and
grouping facts than are our witnesses and the accused, it often happens
that we persuade these people and that is the matter which wants
consideration.
Nobody will assert that it will occur to any judge to persuade a witness
to anything which he does not thoroughly believe, but we know how often
we persuade ourselves to some matter, and nothing is more conceivable
than that we might like to see other people agree with us about it. I
believe that the criminalist, because, let us say, of his power, as a
rule takes his point of view too lightly. Every one of us, no doubt, has
often begun his work in a small and inefficient manner, has brought it
along with mistakes and scantiness and when finally he has reached a
somewhat firm ground, he has been convinced by his failures and mistakes
of his ignorance and inadequacy. Then he expected that this conviction
would be obvious also to other people whom he was examining. But this
obviousness is remarkably absent, and all the mistakes, cruelties, and
miscarriages of justice, have not succeeded in robbing it of the dignity
it possesses in the eyes of the nation. Perhaps the goodwill which may
be presupposed ought to be substituted for the result, but it is a fact
that the layman presupposes much more knowledge, acuteness, and power in
the criminalist than he really possesses. Then again, it is conceivable
that a single word spoken by the judge has more weight than it should
have, and then when a real persuasion--evidently in the best sense of
the word--is made use of, it _must_ be influential. I am certain that
every one of us has made the frightful observation that by the end of
the examination the witness has simply taken the point of view of the
examiner, and the worst thing about this is that the witness still
thinks that he is thinking in his own way.
Public-domain text, read in full here on John Shaqi.
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