The principle of law which rejects a bare confession of guilt as a basis
of criminal conviction is one of the most merciful and benign known to
jurisprudence. It is intended to protect the commonwealth against
perjury and deception on the part of the accused. It is also intended to
protect the prisoner against ignorance and rashness. It is a well-known
fact that the masses of mankind are ignorant of law, both civil and
criminal. Not one in a thousand in the most enlightened commonwealths
can define successfully the elements of the crimes of the state of which
he is a citizen. By refusing to allow an uncorroborated confession to be
made the basis of a conviction, the State simply throws the mantle of
charity and protection around the ignorance of the prisoner who
confesses. It is also well known that men will frequently confess guilt
when they are not guilty; sometimes, when they are even ignorant of the
facts constituting the offense. This is one of the strangest things
known to psychology and mental philosophy.[149] It is derived from the
well-known and universally recognized weakness of the human will when
confronted with a charge that threatens to blight and destroy life and
character at a single blow. A celebrated modern writer, while
discussing this rule of Hebrew law, wrote the following observations
upon the origin and motive of confession of guilt under criminal
charges:
The confession of the accused made no exception to the rule,
showing how a confession could be made the result of weakness, or
folly, or of interest--yes, even of interest. Some homicide on one
occasion confessed himself to be guilty of robbery or arson in
order to obtain proof of his innocence of some greater crime which
he had committed at the same time; a husband persisted in declaring
himself guilty of outrage upon a woman, really committed by some
unknown person, in order that, by being sentenced on this account,
he might prove his marital efficiency, which had been disputed by
his wife, who was contemplating steps to annul her marriage. Some
weak-minded people, unable to support the torture of a harassing
examination, and eager to regain their liberty, make a full
confession, accusing themselves in order not to be indicted, like
those persons who, crossing a river on a plank bridge, throw
themselves, through nervousness, into the rushing water, in order
not to fall in. Fools, from want of responsibility, or through a
boastful nature, accept, affirm, or confess everything of which
they know nothing.[150]
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account