Just as the sense of sight is the most dignified of all our senses, it
is also the most important in the criminal court, for most witnesses
testify as to what they have seen. If we compare sight with the hearing,
which is next in the order of importance, we discover the well-known
fact that what is seen is much more certain and trustworthy than what is
heard. “It is better to see once than to hear ten times,” says the
universally-valid old maxim. No exposition, no description, no
complication which the data of other senses offer, can present half as
much as even a fleeting glance. Hence too, no sense can offer us such
surprises as the sense of sight. If I imagine the thunder of Niagara,
the voice of Lucca, the explosion of a thousand cartridges, etc., or
anything else that I have not heard, my imagination is certainly
incorrect, but it will differ from reality only in degree. It is quite
different with visual imagination. We need not adduce examples of
magnificence like the appearance of the pyramids, a tropical light; of a
famous work of art, a storm at sea, etc. The most insignificant thing
ever seen but variously pictured in imagination will be greeted at first
sight with the words: “But I imagined it quite different!” Hence the
tremendous importance of every local and material characteristic which
the criminal court deals with. Every one of us knows how differently he
has, as a rule, imagined the place of the crime to be; how difficult it
is to arrive at an understanding with the witness concerning some
unseen, local characteristic, and how many mistakes false images of the
unseen have caused. Whenever I ciceroned anybody through the Graz
Criminal Museum, I was continually assailed with “Does this or that look
so? But I thought it looked quite different!” And the things which evoke
these exclamations are such as the astonished visitors have spoken and
written about hundreds of times and often passed judgments upon. The
same situation occurs when witnesses narrate some observation. When the
question involves the sense of hearing some misunderstanding may be
popularly assumed. But the people know little of optical illusions and
false visual perceptions, though they are aware that incorrect auditions
are frequent matters of fact. Moreover, to the heard object a large
number of more or less certain precautionary judgments are attached. If
anybody, e.g., has _heard_ a shot, stealthy footsteps, crackling flames,
we take his experience always to be _approximate_. We do not do so when
he assures us he has _seen_ these things or their causes. Then we take
them--barring certain mistakes in observation,--to be indubitable
perceptions in which misunderstanding is impossible.
Public-domain text, read in full here on John Shaqi.
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