The impossible verdict: When the law seeks to judge the soul

“ But taken even literally, this is not all the psychology required by the criminalist. No doubt crime is an objective thing. Cain would actually have slaughtered Abel even if at the time Adam and Eve were already dead. But for us each crime exists only as we perceive it,—as we learn to know it through all those media established for us in criminal procedure. But these media are based upon sense-perception, upon the perception of the judge and his assistants, i.e.: upon witnesses, accused, and experts. Such perceptions must be psychologically validated. ”

“ At the bar of Truth, in the presence of divine Justice, before the Judge of our higher tribunal, the Supreme Court of Spirit, and before its jurors, the Spiritual Senses, I proclaim this witness, Nerve, to be destitute of intelligence and truth and to be a false witness.
Man self-destroyed; the testimony of matter respected; Spirit not allowed a hearing; Soul a criminal though recommended to mercy; the helpless innocent body tortured, — these are the terrible records of your Court of Error, and I ask that the Supreme Court of Spirit reverse this decision. ”

“ How deeply seated the conscience is in the human soul is seen in the effect which sudden calamities produce on guilty men, even when unaided by any determinate notion or fears of punishment after death. The wretched Criminal, as one rudely awakened from a long sleep, bewildered with the new light, and half recollecting, half striving to recollect, a fearful something, he knows not what, but which he will recognize as soon as he hears the name, already interprets the calamities into judgments, executions of a sentence passed by an invisible Judge ”

“ Outside man there is no justice; within him injustice cannot be. The body may revel in ill—gotten pleasure, but virtue alone can bring contentment to the soul. Our inner happiness is measured out to us by an incorruptible Judge and the mere endeavour to corrupt him still further reduces the sum of the final, veritable happiness he lets fall into the shining scale. ”

“ I know how tenaciously one will cling to the outward forms of respectability and of virtue. I know how horribly unscrupulous a criminal at bay, with the chance of setting the dogs of the law on the wrong scent, could be. To relax in my vigilance would be fatal to my innocent client, whose late mistress, the real thief, would forge other proofs of the guilt of the guiltless.
Why did I reason to myself thus? Does not innocence tremble, and lose its self-possession under the remotest suspicion of an offence? ”

“ If, then, we observe in any person before us the signs of resolution we may certainly suppose that they indicate a turn in what he has said and what he is going to say. If they be observed in the accused, then he has certainly resolved to pass from denial to confession, or to stick to his denial, or to confess or keep back the names of his accomplices, the rendezvous, etc. Inasmuch as in action there is no other alternative than saying or not saying so, it might be supposed that there is nothing important in the foregoing statement ”

“ Leaving the body under the earth, accompany the soul passing to a new and unknown region, where she expecteth the sentence of the eternal judge. Imagine with thyself that thou art present at this tribunal, and the whole court of heaven, waiting with deep silence, and great attention, the event and sentence of this judgment, here must be given a strict account of all receivings and disbursements. ”

“ LET us now consider the soul's appearance before God; the accusation, the examination, and the sentence. And, in the first place, speaking of the appearance of the soul before the Judge, it is the general opinion of theologians, that the particular judgment takes place at the very moment when man expires, and that, at the same place in which the soul is separated from the body, it is judged by Jesus Christ, Who will not send, but will come Himself to judge its cause, " for the Son of Man cometh at an hour when ye think not." ”

“ Much less when we are dealing with criminals, whether in the court of justice or in the prison, or in society generally, can we afford to dispense with such science of human nature as we may succeed in attaining.
[Pg 233]
CHAPTER VI. THE TREATMENT OF THE CRIMINAL.
If, as now scarcely admits of question, every truly criminal act proceeds from a person who is, temporarily or permanently, in a more or less abnormal condition, the notion of “punishment” loses much of its foundation. We cannot punish a monstrosity for acting according to its monstrous nature. ”

“ A calm dispassionate recognition of the rights of the accused, and even of the convicted criminal, against the State—a constant heart-searching by all charged with the duty of punishment—a desire and eagerness to rehabilitate in the world of industry those who have paid their due in the hard coinage of punishment: tireless efforts towards discovery of curative and regenerative processes: unfailing faith that there is a treasure, if you can only find it, in the heart of every man. ”

“ My soul fainteth for thy salvation, but I hope in thy word' (Psa 119:49,81) . 3. It produceth repentance; for when a man hath heaven and hell before his eyes (as he will have if he be under the power of effectual calling) or when a man hath a revelation of the mercy and justice of God, with an heart-drawing invitation to lay hold on the tender forgiveness of sins; and being made also to behold the goodly beauty of holiness; it must needs be, that repentance appears, and puts forth itself, unto self-revenging acts, for all its wickedness which in the days of ignorance it delighted in. ”

“ Juxtaposition is frequently important, not for the practical convenience of comparison, but because we must know whether the witness has discovered the right juxtaposition. Only if he has, can his comparison have been good. To discover whether he has, requires careful examination.
Conception and interpretation are considerably dependent on the interest which is brought to the object examined. There is a story of a child’s memory of an old man, which was not a memory of the whole man, but only of a green sleeve and a wrinkled hand presenting a cake of chocolate. ”

“ All our knowledge of natural events, beyond original perceptions of sense, consists in interpretation of the phenomena of which the senses make us aware. Upon this judgment of the common sense our inductions are all grounded, so that it may be called the inductive principle. Withdraw trust from it and experience becomes blind as a mole. We may feel what is present at the moment, but the distant and the future are wholly hid in darkness.
Power or intelligent agency is thus the exclusive characteristic of conscious persons: interpretable order is the characteristic of inanimate things. ”

“ That we should remember anything at all depends upon the point of time. Everybody knows how important twilight may be for memory. Indeed, twilight has been called the visiting-hour of recollection, and it is always worth while to observe the situation when anybody asserts that some matter of importance occurred to him in the twilight. Such an assertion merits, at least, further examination. Now, if we only know how these occurrences constitute themselves, it would not be difficult to study them out and to estimate their probability. ”

“ In the practice of criminal law such matters will rarely arise, but estimations of temperature are frequently required and their reliability must be established.
It is important to know what a wounded man and his enemy feel in the first instant of the crime and in what degree their testimonies are reliable. First of all, we have to thank the excellent observations of Weber, for the knowledge that we find it very difficult to discover with closed eyes the angle made by a dagger thrust against the body. ”

“ Advance in philosophy is advance in interpreting the meaning of each of these three postulates, and of their mutual relations, as seen in an improved conception of what 'matter' means, what 'self' means, and what 'God' means. The common sense or final reason of man is developed in different degrees in different persons, in different places, at different periods of human history, and in the same person at different times in his life. It is not individually independent of evolutionary law; although its genuine constituents are latent in each man and may be made to respond to an adequate appeal. ”

“ It is best done by means of tabulation, accurate description of wounds according to their place, size, form, and significance, the statement of the victim concerning his feeling at the moment of receiving the wound, the consequences of healing, and at the end explanatory observations concerning the reasons for true or incorrect sensations of the victim. As this work is to have only psychological value it is indifferent whether the victim is veracious or not. What we want to know is what people say about their perception. ”

“ Nonetheless, she repeated that Wilson shot Brown as he was "surrendering."
When prosecutors and agents pressed Witness 148 as to why it took her nearly seven months to come forward and report what she witnessed, she explained that she feared the FPD. She maintained that she did not tell anyone – "not one living soul" – about what she witnessed on August 9, 2014. Witness 148 stated however, that she was she was not going to live in fear and therefore went to Ferguson every day since the shooting until the day of the county grand jury's decision on November 24, 2014. ”

“ Witness 139 was similarly incoherent and inconsistent when she testified before the county grand jury, unable to provide any sort of linear narrative.
Witness 139 reluctantly came to the NAACP office in St. Louis to meet with SLCPD detectives, FBI agents, and federal prosecutors. Through hysterical tears, she expressed fear in speaking with law enforcement because she felt pressured by the community to make a statement about what she had purportedly witnessed. She explained that ever since she gave a media interview, [24] people have been anonymously calling her. ”

“ Witness 109 Witness 109 is a 53 year-old black male. Like Witness 108, Witness 109 claimed to have witnessed the shooting, stated that it was justified, and repeatedly refused to give formal statements to law enforcement for fear of reprisal should the Canfield Drive neighborhood find out that his account corroborated Wilson. He was served with a county grand jury subpoena and refused to appear. Likewise, Witness 109 repeatedly refused to formally meet with SLCPD detectives, FBI agents, or federal and county prosecutors. ”

“ Investigators tracked down several individuals who, via the aforementioned media, claimed to have witnessed Wilson shooting Brown as Brown held his hands up in clear surrender. All of these purported witnesses, upon being interviewed by law enforcement, acknowledged that they did not actually witness the shooting, but rather repeated what others told them in the immediate aftermath of the shooting.
For example, one individual publicly posted a description of the shooting during a Facebook chat, explaining that Brown "threw his hands up in the air" as Wilson shot him dead. ”

“ The autopsy results alone do not indicate the direction Brown was facing when he received two wounds to his right arm, given the mobility of the arm. However, as detailed later in this report, there are no witness accounts that could be relied upon in a prosecution to prove that Wilson shot at Brown as he was running away. Witnesses who say so cannot be relied upon in a prosecution because they have given accounts that are inconsistent with the physical and forensic evidence or are significantly inconsistent with their own prior statements made throughout the investigation. ”

“ Witness 128 has been convicted of multiple felonies including crimes of dishonesty, all of which would be admissible in federal court as impeachment evidence. Witness 128's accounts are inconsistent with each other, inconsistent with the forensic and physical evidence, and inconsistent with credible witness accounts. Accordingly, after a thorough review of the evidence, federal prosecutors determined this witness's accounts to lack credibility and therefore do not support a prosecution of Darren Wilson. ”

“ Witness 109 does have a criminal history that would be admissible in federal court. Witness 109 has a misdemeanor theft conviction from 1985 and a felony arrest, both of which likely would be inadmissible in federal court for impeachment purposes. Witness 109's account is exculpatory as to Wilson and although Witness 109 may be subject to limited impeachment, the majority of his description is consistent with the physical and forensic evidence, and consistent with other credible witness accounts. ”

“ According to the store employees, Brown, looking "crazy" and using profane language, said something like, "What are you gonna do about it?" Brown then exited the store and the clerk's daughter called 911.
C. Witness Accounts As the first responding investigators, SLCPD detectives interviewed witnesses on Canfield Drive within the first few hours of the shooting. One week later, on August 16, 2014, in an effort to identify additional witnesses who may have been reluctant to speak with local law enforcement, the FBI conducted a neighborhood canvass of more than 300 residences. ”

“ Robert Wood, innocent of the murder of Emily Dimmock, is yet the most remarkable man alive.”
In what trial upon a charge of murder has there ever been witnessed the sight of the prisoner, whose life was hanging in the balance, laughing and chatting with his friends, and making sketches of the judge, the counsel, and the witnesses? Even at the most crucial moment of the trial, when the jury had withdrawn to consider their verdict he exhibited no trace of anxiety, but until called below sat calmly sketching, while he waited for their return. ”

“ If the person satisfies the Secretary of State, whom he will never see and who knows nothing about him personally, that he is a reformed character, he may be liberated on licence; and he [Pg 295] may seek election to the ranks of the licensed once in three years. His conduct and record will then be considered. What will determine the character of the record obviously is the impression he makes on those who come into contact with him. That is to say, he will mainly depend on the report of the warder, for after all, does he not know most about the man? ”

“ My sufferings and my expiation are deserved. I was a thief! I stole the highest treasures of all: confidence, love, honor, respect, splendor.
How noble and exalted the tender souls appear to themselves when a poor rogue is sent to jail for having committed a theft! But what are all possessions which can be carried away, when compared with those that are intangible!
Those who are summoned to the bar of justice are not always the basest of mankind.
I acknowledge my sin, and my repentance is sincere. ”

“ Mr Balm, you must take what measures you will for our exposure and punishment. I beg you with all my soul not to spare us. The meanness of the fraud, the ingratitude, the thoughtlessness as to its moral effect upon you to whom we owed everything—O, nothing that I can say may palliate our guilt, or express the sickness of remorse which came to us when we grew to see ourselves as we were in the light of your true nobility. Only in atonement can we ever again find relief from a misery and self-contempt which have grown to be unbearable. When I speak for myself I speak for my brother. ”

“ In the corrupted currents of this world
Offence's gilded hand may shove by justice.
And oft 't is seen the wicked prize itself
Buys out the law: but 't is not so above;
There is no shuffling, there the action lies
In his true nature; and we ourselves compelled,
Even to the teeth and forehead of our faults,
To give in evidence. What then? what rests?
Try what repentance can: what can it not?
Yet what can it when one cannot repent?
O wretched state! O bosom black as death!
O limèd soul, that, struggling to be free,
Art more engaged! Help, angels! Make assay! ”

“ As it officiates here below toward the criminal soul, says Tertullian, as the justice of God; and as the justice of God shall one day punish guilt by the eternal privation of all creatures which the sinner hath abused, penitence anticipates that terrible judgment; it every where imposes on itself the most rigorous privations; and if the miserable condition of human life render the use of present things still requisite, it employs them much less to flatter than to punish the senses, by the sober and austere manner in which it applies them. ”

“ For justice is noble, but retribution is only the companion of injustice. And whether a man escapes punishment or not, he is equally miserable; for in the one case he is not cured, and in the other case he perishes that the rest may be saved.
The glory of man is to follow the better and improve the inferior. And the soul is that part of man which is most inclined to avoid the evil and dwell with the good. Wherefore also the soul is second only to the Gods in honour, and in the third place the body is to be esteemed, which often has a false honour. ”

“ There are three evils from which a man may suffer, and which affect him in estate, body, and soul;—these are, poverty, disease, injustice; and the foulest of these is injustice, the evil of the soul, because that brings the greatest hurt. And there are three arts which heal these evils—trading, medicine, justice—and the fairest of these is justice. Happy is he who has never committed injustice, and happy in the second degree he who has been healed by punishment. And therefore the criminal should himself go to the judge as he would to the physician, and purge away his crime. ”

“ If we know that a real need was behind the crime, we need no longer wonder at the magnitude of the power. The relation between the crime and the criminal is defined because we have discovered his needs. To these needs a man’s pleasures belong also; every man, until the practically complete loss of vigor, has as a rule a very obvious need for some kind of pleasure. It is human nature not to be continuously a machine, to require relief and pleasure. ”

“ We may alter conditions in such a way that the tendency to disease or crime will be lessened; but when a person has become diseased we have to know something more about him than the fact that he shows certain symptoms before he can be treated in any rational way and with a prospect of his recovery. So when he has committed a crime we must know more than that fact before there is much hope of being able to correct him. There is as much quackery in the practice of making punishment fit crime as in that of making remedies fit diseases. ”

“ It is better to offer the possibility of rehabilitation by his own efforts, by his personal struggles, to a fallen creature, than to utterly crush him, stained by his crimes and imperfections. The justice and the goodness of God are manifest in this paternal arrangement, much more than in the severe jurisdiction which would irretrievably condemn a soul after one single trial had resulted unfavourably. ”

“ And our souls are redeemed, not by any expiation on account of which penalties are lifted, but by reception of spiritual truth and consecration of will, which push away penalties by wholesome life." 18
The awful inviolability of justice is shown by the eternal course of God's laws bringing the exactly deserved penalty upon every soul that sinneth. Whoever breaks a Divine decree puts all sacred things in antagonism to him, and the precise punishment of his offences not the worth of worlds nor the blood of angels can avert. ”

“ All things are distinctly manifest in the soul after it has been divested of the body; and this is true both of the natural disposition of the soul and of the affections that the man has acquired from his various pursuits. When therefore the soul comes before the Judge ... the Judge finds all things distorted through pride and falsehood and whatsoever is unrighteous, for as much as the soul has been nurtured with untruth ... and he forthwith sends it to a prison state where it will undergo the punishment it deserves. ”

“ Hence a judge must needs judge between two parties, which is the case when one is the prosecutor, and the other the defendant. Therefore in criminal cases the judge cannot sentence a man unless the latter has an accuser, according to Acts 25:16: "It is not the custom of the Romans to condemn any man, before that he who is accused have his accusers present, and have liberty to make his answer, to clear himself of the crimes" of which he is accused.
Reply to Objection 1: God, in judging man, takes the sinner's conscience as his accuser, according to Rom. ”

“ If you can take upon yourself the crime of the criminal your heart is judging, take it at once, suffer for him yourself, and let him go without reproach. And even if the law itself makes you his judge, act in the same spirit so far as possible, for he will go away and condemn himself more bitterly than you have done. ”