have to be composed with so much difficulty when the things are not seen
and must be derived from the testimonies of the witnesses themselves.
Whoever does not believe in the importance of conducting the examination
at the place of an event, needs only to repeat his examination twice,
once at the court, and again at the place--then he certainly will doubt
no more. Of course the thing should not be so done that the event should
be discussed with the witness at the place of its occurrence and then
the protocol written in the house of the mayor, or in an inn half an
hour away--the protocol must to the very last stroke of the pen be
written then and there, in order that every impression may be renewed
and every smallest doubt studied and corrected. Then the differences
between what has passed, what has been later added, and what is found
to-day can be easily determined by sticking to the rule of Uphues, that
the recognition of the present as present is always necessary for the
eventual recognition of the past. Kant has already suggested what
surprising results such an examination will give: “There are many ideas
which we shall never again in our lives be conscious of, unless some
occasion cause them to spring up in the memory.” But such a particularly
powerful occasion is locality, inasmuch as it brings into play all the
influences which our senses are capable of responding to.[222]
Of course the possibility of artificially-stimulated memory disappears
like all memory, with the lapse of time. As a matter of fact, we know
that those of our experiences which concern particular persons and
things, and which are recalled at the sight of those persons and things,
become, later on, when the connections of images have been broken,
capable only of awakening general notions, even though the persons or
things are as absolutely present as before. But very unfavorable
circumstances must have been at work before such a situation can
develop.
It is characteristic, as is popularly known, that memory can be
intensified by means of special occasions. It is Höfler’s opinion that
the Spartan boys were whipped at the boundary stones of their country in
order that they might recall their position, and even now-a-days our
peasants have the custom, when setting up new boundary stones, of
grasping small boys by the ears and hair in order that they shall the
better remember the position of the new boundary mark when, as grown
men, they will be questioned about it. This being the case, it is safer
to believe a witness when he can demonstrate some intensely influential
event which was contemporaneous with the situation under discussion, and
which reminds him of that situation.
Section 54. (c) The Peculiarities of Reproduction.
Public-domain text, read in full here on John Shaqi.
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