The determination of the truth at law would succeed much less frequently
than it does if it were not for the fact that men find it very difficult
to keep secrets. This essentially notable and not clearly understood
circumstance is popularly familiar. Proverbs of all people deal with it
and point mainly to the fact that keeping secrets is especially
difficult for women. The Italians say a woman who may not speak is in
danger of bursting; the Germans, that the burden of secrecy affects her
health and ages her prematurely; the English say similar things still
more coarsely. Classical proverbs have dealt with the issue; numberless
fairy tales, narratives, novels and poems have portrayed the difficulty
of silence, and one very fine modern novel (Die Last des Schweigens, by
Ferdinand Kürnberger) has chosen this fact for its principal motive. The
universal difficulty of keeping silence is expressed by Lotze[56] in the
dictum that we learn expression very young and silence very late. The
fact is of use to the criminalist not only in regard to criminals, but
also with regard to witnesses, who, for one reason or another, want to
keep something back. The latter is the source of a good deal of danger,
inasmuch as the witness is compelled to speak and circles around the
secret in question without touching it, until he points it out and half
reveals it. If he stops there, the matter requires consideration, for “a
half truth is worse than a whole lie.” The latter reveals its subject
and intent and permits of defence, while the half truth may, by
association and circumscriptive limitations, cause vexatious errors both
as regards the identity of the semi-accused and as regards the
circumstances with which he is thus involved. For this reason the
criminalist must consider the question of secrets carefully.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account