False evidence

“ Concerning himself, the judge must continually remember that his business is not to fit all testimony to the already furnished confession, allowing the evidence to serve as mere decoration to the latter, but that it is his business to establish his proof by means of the confession, and by means of the other evidence, independently. The legislators of contemporary civilization have started with the proper presupposition—that also false confessions are made,—and who of us has not heard such? ”

“ That he frequently sold human blood, by procuring false evidence to swear persons into facts of which they were not guilty; sometimes to prevent them from being evidences against himself, at other times for the sake of the great reward given by the government. ”

“ Moreover, if we notice false observations and let them by, then, under certain circumstance, we are minus one important piece of evidence pro and con, and the whole case may be turned topsy turvy. At the very least a basis of development in the presentation of evidence is so excluded. ”

“ Every lawyer knows how lightly the evidence of a non-mi-recordo witness is esteemed. The testimony of false witnesses will not be uniform in its texture, but will be unequal, unnatural, and inconsistent. ”

“ In the lower courts these special phases of brain palsies are seen in the confessions and sworn statements of acts and events observed that are often found to be absolutely false. The conclusion is evident that no testimony, statement, or confession of a person under the influence of spirits concerning his acts, conduct, or motives has any value or can be trusted unless sustained by collateral and other evidence. ”

“ In trials of fact, by oral testimony, the proper inquiry is not whether it is possible that the testimony may be false, but whether there is sufficient probability that it is true. ”

“ False facts are highly injurious to the progress of science, for they often long endure; but false views, if supported by some evidence, do little harm, as every one takes a salutary pleasure in proving their falseness; and when this is done, one path towards error is closed and the road to truth is often at the same time opened. ”

“ What greater Proof can Innocence require? What greater can it admit! Who is there among ourselves that might not, by the same Artifice, have been accused, and by the same Evidence convicted of the Crime? ”

“ No one has ever contended that the proof should be exclusively that of eye-witnesses, testifying from their senses positively and directly to the fact. Political, like other offences, may be established by circumstantial as well as positive evidence. ”

“ Upon these terms the argument is easily disposed of; and if it were not that truth is in all matters better than falsehood, it would be idle to reopen a question which cannot be justly dealt with. No evidence can affect convictions which have been arrived at without evidence—and why should we attempt a task which it is hopeless to accomplish? ”

“ If a fact is to be established by testimony, anonymous assertion is of no value; if it can be proved, by evidence to which the public have access, it is of no consequence (for the cause of truth) who produces it. ”

“ So that, after all, expert testimony is valuable—most valuable—if we but consider it with caution, and analyze it, until bereft of bias and prejudice, the grain of truth stands out, as truth ever will, conspicuous midst the mass of extraneous matter surrounding it, much of which is introduced for the express purpose of befogging your minds, and leading you away from the facts.
"Thus, gentlemen, upon closer examination we find that just as their circumstantial evidence was faulty, so the prosecution's experts prove a boomerang. For it is upon their evidence that we mainly rely for acquittal. ”

“ It was very strange that a solid truth, backed up by abundant and irreproachable evidence, presented under the strict rules of law and the solemn sanction of an oath, should be upset and shattered by a flimsy falsehood told by an unknown adventurer, heard unawares by a listening child, and denied a proper entrance into court. ”

“ One often sees the most damaging documentary evidence, in the forms of letters or affidavits, fall absolutely flat as betrayers of falsehood, merely because of the unskillful way in which they are handled. ”

“ Nothing, to my mind, is stronger proof against a criminal than a complete chain of circumstantial evidence, but again, nothing is so misleading if at any stage a mistake, an omission, or a misconstruction be allowed to occur. In this case, then, as I was starting out to prove what was merely a suspicion, I determined to be most careful, for indeed I dislike following up suspicion at any time. ”

“ The difficulty of judging concerning the truth of evidence increases, when we take moral causes into the account. If we had any suspicion, that a man who told us that he had seen an apple fall from a tree, had himself pulled the apple down and stolen it, we should set the probability of his telling a falsehood, and his motive for doing so, against his evidence ”

“ Do men think that because a witness has been perpetually detected in falsehood, he may therefore be the more safely believed whenever he is not detected? or does adherence to a story, and frequent repetition of it, render it the more credible? On the contrary, is it not a common remark in other cases, that a liar will generally stand to and reiterate what he has once said, merely because he has said it?
Let us, if possible, divest ourselves of this superstitious veneration for everything that appears "in print," and examine a little more systematically the evidence which is adduced. ”

“ Who is afraid of the statement of facts? Or do our friends on the prosecution feel that our scientists merely state opinions, and give no evidence of facts? But if this is to be an investigation facts are necessary. If this is to be an investigation, your honor, as a lawyer, knows it is necessary to properly introduce that evidence. ”

“ In far the greater number of crimes the proof must depend to a large extent upon the evidence of circumstances. But these must be so convincing that it is impossible in reason to draw any other conclusion from them. ”

“ Having regard to the entire ignorance of scientific matters which counsel, jury, and judge show, it may be truly said that the present system of taking scientific evidence is as bad as it well can be, and that it completely fails in what should be its object—to elicit truth and to administer justice. ”

“ When we remember the enormous importance of oral evidence in the chain of criminal proof, and the rough traditional empiricism of the criteria of credibility, which are daily applied in all trials to all kinds of witnesses, by men who regard them, like the prisoners, as an average abstract type—excluding only the definite cases of inability to give evidence, which are defined beforehand with as much method as the cases of irresponsibility— the necessity of calling in the aid of scientific psychology and psycho-pathology is manifest. ”

“ All political writings contain not only facts, but also reasoning and deductions drawn from those facts; and the object of the writer, must generally be illustrated by the reasoning and deductions drawn from the facts, and not from the facts themselves: and the libel if it is one, will consist generally, in what is contained in that reasoning and those deductions, and not in the facts. But evidence can be given only of the truth of facts, and no testimony can be brought to prove, the truth of opinions stated as arising out of those facts. ”

“ Whatever degree of veracity we may be disposed to attribute to early history, we must at least admit that the implements have this advantage over written testimony of any kind, that they cannot intentionally mislead us. If we draw wrong inferences from them, the fault is our own. We shall find the evidence very fragmentary as yet, but sufficient to prove that it affords a valuable source of information whenever sufficient materials [174] are collected to enable us to work out the problem to its legitimate ends. ”

“ On the threshold of our inquiry we are met by a most singular and startling fact. As to what passed on the trial of the conspirators, what evidence was produced against them, how it was supported,—nay, even how the tale of their enterprise was told—we have no information upon which any reliance can be placed. One version alone has come down to us of the proceedings upon this occasion—that published "by authority"—and of this we can be sure only that it is utterly untrustworthy. ”

“ Were not these, I say, discovered by experience to be qualities, inherent in human nature, we should never repose the least confidence in human testimony. A man delirious, or noted for falsehood and villany, has no manner of authority with us.
And as the evidence, derived from witnesses and human testimony, is founded on past experience, so it varies with the experience, and is regarded either as a proof or a probability, according as the conjunction between any particular kind of report and any kind of object has been found to be constant or variable. ”

“ Foreman and gentlemen, I have taken a little more time than I intended to in discussing the question of circumstantial evidence. I have said that it was necessary for them to prove beyond a reasonable doubt the allegation of the indictment. Circumstantial evidence has often been likened to a chain. These facts which have to be proven in order to allow you to draw the inference [203] as to her guilt or innocence have been called links in the chain, and every essential fact, Mr. Foreman and gentlemen, every essential fact in that chain must be proved beyond a reasonable doubt—every one of them. ”

“ But if facts are shown, by evidence other than the confession, demonstrating that the confession is not a fantasy warped by the aberration or weakness of the accused, then the finder of fact may properly attribute the confession to the familiar motivation of an accused person who realizes that he has been caught and may as well tell the truth. ”

“ It is ridiculous to say nothing to the proofs which we have, but to ask for proofs which it is impossible for us to have; to disregard the recollection of men, and to appeal to the memory of documents; and when you have the conscientious evidence of a most honorable man, the oath and good faith of a most respectable municipality, to reject those things which can not by any possibility be tampered with, and to demand documentary evidence, tho you say at the same moment that that is constantly played tricks with. ”

“ And as the evidence is given to you step by step the presumption stands as a guard between innocence and the evidence that is being given, until at last, when your mind is satisfied, when your judgment has come to the conclusion that the men are guilty, the presumption is wiped out, and you are no longer to presume the man innocent. ”

“ Skilled in the law yourself, thoroughly familiar, with the rules of evidence, it's more than possible that you might have reviewed matters and decided that there were things which, if they were known, would do harm instead of good—obscure the truth, perhaps ”

“ The examination and cross-examination of the witnesses are carried on under rules of evidence which are the result of centuries of experience, and which give many a man as he sits on a jury his first lesson in the fallibility of the unobserved and uncontrolled inferences of the human brain. The 'said I's,' and 'thought I's,' and 'said he's,' which are the material of his ordinary reasoning, are here banished on the ground that they are 'not evidence,' and witnesses are compelled to give a simple account of their remembered sensations of sight and hearing. ”

“ It is true that unreasonable inferences may be made from what is usually called negative evidence; but how readily and how often are we deceived by a reliance on testimony! In many instances the negative conclusion carries with it a conviction equal to a great mass of affirmative proof. And such I reckon the inference from the language of Roger Hoveden, of Matthew Paris, and so many more who speak of councils and parliaments full of prelates and nobles, without a syllable of the burgesses. ”

“ But if it can be proved that either from a deliberate desire to deceive, or from an incapacity to weigh evidence and to distinguish between fact and fiction, they have transmitted a huge mass of foolish fables as authentic history, then their testimony is worth nothing, and the story of an oral law having no other evidence must be classed amongst the other fables which have come down to us on their authority. ”

“ As some of these practical rules are based on incorrect assumptions in regard to the value of human testimony, they frequently lead to serious error, and, as they fail to draw just distinctions between the good and bad in evidence, or to give special suggestions for special cases, they are oftentimes of no assistance whatever. ”

“ The piecing together of the loose bits of evidence which we hunt up, a bit here, a bit there, arguing upon it, drawing conclusions from it, rejecting what will not fit, filling up the empty spaces, until we present the whole case without a crack in it for a guilty man to slip through--that is what we call circumstantial evidence, and it is really a science, doctor. ”

“ A cautious arguer will always avoid, as far as he can, the use of evidence that comes from a doubtful source. If one finds that an opponent has used the testimony of questionable witnesses, he can, by exposing the fact, easily refute the argument. ”

“ In brief,—since they loiter about and make a profit out of it, it is no wonder that in giving evidence they also loaf and bring to light only approximate truth. Nor is it difficult to indicate analogous persons in the higher walks of life. ”

“ All these causes make it extremely difficult to arrive at what we should call truth as regards matters of fact—appearances alleged to have been seen, feats performed, or the occurrence of past events; and though there may be no prejudice against the possibility of them, it is wise—in cases where definite and unmistakable evidence is absent, to withhold the judgment either way, for or against their occurrence. ”