The making of a confession, according to laymen, ends the matter, but
really, the judge’s work begins with it. As a matter of caution all
statutes approve confessions as evidence only when they agree completely
with the other evidence. Confession is a means of proof, and not proof.
Some objective, evidentially concurrent support and confirmation of the
confession is required. But the same legal requirement necessitates that
the value of the concurrent evidence shall depend on its having been
arrived at and established independently. The existence of a confession
contains powerful suggestive influences for judge, witness, expert, for
all concerned in the case. If a confession is made, all that is
perceived in the case may be seen in the light of it, and experience
teaches well enough how that alters the situation. There is so strong an
inclination to pigeon-hole and adapt everything perceived in some given
explanation, that the explanation is strained after, and facts are
squeezed and trimmed until they fit easily. It is a remarkable
phenomenon, confirmable by all observers, that all our perceptions are
at first soft and plastic and easily take form according to the shape of
their predecessors. They become stiff and inflexible only when we have
had them for some time, and have permitted them to reach an equilibrium.
If, then, observations are made in accord with certain notions, the
plastic material is easily molded, excrescences and unevenness are
squeezed away, lacunæ are filled up, and if it is at all possible, the
adaptation is completed easily. Then, if a new and quite different
notion arises in us, the alteration of the observed material occurs as
easily again, and only long afterwards, when the observation has
hardened, do fresh alterations fail. This is a matter of daily
experience, in our professional as well as in our ordinary affairs. We
hear of a certain crime and consider the earliest data. For one reason
or another we begin to suspect A as the criminal. The result of an
examination of the premises is applied in each detail to this
proposition. It fits. So does the autopsy, so do the depositions of the
witnesses. Everything fits. There have indeed been difficulties, but
they have been set aside, they are attributed to inaccurate observation
and the like,--the point is,--that the evidence is against A. Now,
suppose that soon after B confesses the crime; this event is so
significant that it sets aside at once all the earlier reasons for
suspecting A, and the theory of the crime involves B. Naturally the
whole material must now be applied to B, and in spite of the fact that
it at first fitted A, it does now fit B. Here again difficulties arise,
but they are to be set aside just as before.
Public-domain text, read in full here on John Shaqi.
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