Very intelligent witnesses (they are not confined to the educated
classes) may be dealt with constructively and be told after their
depositions that the case is to be considered as if there were no
confession whatever. There is an astonishing number of
people--especially among the peasants--who are amenable to such
considerations and willingly follow if they are led on with confidence.
In such a case it is necessary to analyze the testimony into its
elements. This analysis is most difficult and important since it must be
determined what, taken in itself, is an element, materially, not
formally, and what merely appears to be a unit. Suppose that during a
great brawl a man was stabbed and that A confesses to the stabbing. Now
a witness testified that A had first uttered a threat, then had jumped
into the brawl, felt in his bag, and left the crowd, and that in the
interval between A’s entering and leaving, the stabbing occurred. In
this simple case the various incidents must be evaluated, and each must
be considered by itself. So we consider--Suppose A had not confessed,
what would the threat have counted for? Might it not have been meant for
the assailants of the injured man? May his feeling in the bag not be
interpreted in another fashion? Must he have felt for a knife only? Was
there time enough to open it and to stab? Might the man not have been
already wounded by that time? We might then conclude that all the
evidence about A contained nothing against him--but if we relate it to
the confession, then this evidence is almost equal to direct evidence of
A’s crime.
But if individual sense-perceptions are mingled with conclusions, and if
other equivalent perceptions have to be considered, which occurred
perhaps to other people, then the analysis is hardly so simple, yet it
must be made.
Public-domain text, read in full here on John Shaqi.
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