CHAPTER VII. PROOFS AND FORMS OF JUDGMENT.

 There is a general theorem which is most useful for calculating the certainty of a fact, as, for instance, the force of the proofs in the case of a given crime:—

 

1. When the proofs of a fact are dependent one on another—that is to say, when each single proof rests on[135] the weight of some other—then the more numerous the proofs are, the smaller is the probability of the fact in question, because the chances of error in the preliminary proofs would increase the probability of error in the succeeding ones.

 

2. When the proofs of a fact all depend equally on a single one, their number neither increases nor diminishes the probability of the fact in question, because their total value resolves itself into that of the single one on which they depend.

 

3. When the proofs are independent of each other—that is to say, when they do not derive¹ their value one from the other—then the more numerous the proofs adduced, the greater is the probability of the fact in question, because the falsity of one proof affects in no way the force of another.

 

I speak of probability in connection with crimes, which, to deserve punishment, ought to be proved. But the paradox² is only apparent, if one reflects that, strictly³ speaking, moral certainty is only a probability, but a probability which is called certainty, because every sensible person necessarily assents⁴ to it, by a force of habit which arises from the necessity of acting⁵, and which is prior to all speculation⁶. The certainty requisite⁷ for certifying⁸ that a man is a criminal is, therefore, the same that determines everyone in the most important actions of his life. The proofs of a crime may be divided into ‘perfect’ and ‘imperfect,’ the former being of such a[136] nature as exclude the possibility of a man’s innocence⁹, and the latter such as fall short of this certainty. Of the first kind one proof alone is sufficient for condemnation¹⁰; of the second, or imperfect kind, as many are necessary as suffice to make a single perfect proof; that is to say, when, though each proof taken separately does not exclude the possibility of innocence, yet their convergence on the same point makes such innocence impossible. But let it be noted¹² that imperfect proofs, from which an accused has it in his power to justify¹³ himself and declines to do so, become perfect. This moral certainty of proofs, however, is easier to feel than to define with exactitude: for which reason I think that the best law is one which attaches to the chief judge assessors, taken by lot, not by selection, there being in this case more safety in the ignorance which judges by sentiment than in the knowledge which judges by opinion. Where the laws are clear and precise, the function of a judge consists solely¹⁴ in the certification of fact. If for searching out the proofs of a crime ability and cleverness are required, and if in the presentation of the result clearness and precision are essential, all that is required to judge of the result is simple and common good sense, a faculty¹⁵ which is less fallacious than the learning of a judge, accustomed as he is to wish to find men guilty and to reduce everything to an artificial system borrowed from his studies. Happy the nation where the[137] laws are not a science! It is a most useful law that everyone shall be judged by his equals, because where a citizen’s liberty and fortune are at stake those sentiments which inequality inspires should have no voice; that feeling of superiority with which the prosperous man regards the unfortunate one, and that feeling of dislike with which an inferior regards his superior, have no scope in a judgment¹⁷ by one’s equals. But when the crime in question is an offence against a person of a different rank from the accused, then one half of the judges should be the equals of the accused, the other half equals of the plaintiff, that so, every private interest being balanced, by which the appearances of things are involuntarily modified, only the voice of the laws and of truth may be heard. It is also in accordance with justice that an accused person should have power up to a certain point of refusing judges whom he may suspect; and if he is allowed the exercise of this power for some time without opposition¹⁸, he will seem to condemn¹¹ himself. Verdicts should be public, and the proofs of guilt¹⁶ public, in order that opinion—which is, perhaps, the only bond of society there is—may place a check on outbursts of force and passion, and that the people may say, ‘We are not slaves without defence’: a feeling which both inspires them with courage and is as good as a tribute to a sovereign who understands his real interest. I refrain from pointing out other details and precautions which[138] require similar regulations. I should have said nothing at all, had it been necessary for me to say everything.

1 derive   

v.取得；导出；引申；来自；源自；出自

参考例句：

• We derive our sustenance from the land.我们从土地获取食物。
• We shall derive much benefit from reading good novels.我们将从优秀小说中获得很大好处。

2 paradox   

n.似乎矛盾却正确的说法；自相矛盾的人(物)

参考例句：

• The story contains many levels of paradox.这个故事存在多重悖论。
• The paradox is that Japan does need serious education reform.矛盾的地方是日本确实需要教育改革。

3 strictly   

adv.严厉地，严格地；严密地

参考例句：

• His doctor is dieting him strictly.他的医生严格规定他的饮食。
• The guests were seated strictly in order of precedence.客人严格按照地位高低就座。

4 assents   

同意，赞同( assent的名词复数 )

参考例句：

5 acting   

n.演戏，行为，假装；adj.代理的，临时的，演出用的

参考例句：

• Ignore her,she's just acting.别理她，她只是假装的。
• During the seventies,her acting career was in eclipse.在七十年代，她的表演生涯黯然失色。

6 speculation   

n.思索，沉思；猜测；投机

参考例句：

• Her mind is occupied with speculation.她的头脑忙于思考。
• There is widespread speculation that he is going to resign.人们普遍推测他要辞职。

7 requisite   

adj.需要的，必不可少的；n.必需品

参考例句：

• He hasn't got the requisite qualifications for the job.他不具备这工作所需的资格。
• Food and air are requisite for life.食物和空气是生命的必需品。

8 certifying   

（尤指书面）证明( certify的现在分词 )； 发证书给…； 证明（某人）患有精神病； 颁发（或授予）专业合格证书

参考例句：

• Signed Commercial in quintuplicate, certifying merchandise to be of Chinese origin. 签署商业发票一式五份，证明产品的原产地为中国。
• Other documents certifying the truthfulness of the contents of the advertisements. （三）确认广告内容真实性的其他证明文件。

9 innocence   

n.无罪；天真；无害

参考例句：

• There was a touching air of innocence about the boy.这个男孩有一种令人感动的天真神情。
• The accused man proved his innocence of the crime.被告人经证实无罪。

10 condemnation   

n.谴责; 定罪

参考例句：

• There was widespread condemnation of the invasion. 那次侵略遭到了人们普遍的谴责。
• The jury's condemnation was a shock to the suspect. 陪审团宣告有罪使嫌疑犯大为震惊。

11 condemn   

vt.谴责，指责；宣判(罪犯)，判刑

参考例句：

• Some praise him,whereas others condemn him.有些人赞扬他，而有些人谴责他。
• We mustn't condemn him on mere suppositions.我们不可全凭臆测来指责他。

12 noted   

adj.著名的，知名的

参考例句：

• The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
• Jim is noted for arriving late for work.吉姆上班迟到出了名。

13 justify   

vt.证明…正当(或有理)，为…辩护

参考例句：

• He tried to justify his absence with lame excuses.他想用站不住脚的借口为自己的缺席辩解。
• Can you justify your rude behavior to me?你能向我证明你的粗野行为是有道理的吗？

14 solely   

adv.仅仅，唯一地

参考例句：

• Success should not be measured solely by educational achievement.成功与否不应只用学业成绩来衡量。
• The town depends almost solely on the tourist trade.这座城市几乎完全靠旅游业维持。

15 faculty   

n.才能；学院，系；(学院或系的)全体教学人员

参考例句：

• He has a great faculty for learning foreign languages.他有学习外语的天赋。
• He has the faculty of saying the right thing at the right time.他有在恰当的时候说恰当的话的才智。

16 guilt   

n.犯罪；内疚；过失，罪责

参考例句：

• She tried to cover up her guilt by lying.她企图用谎言掩饰自己的罪行。
• Don't lay a guilt trip on your child about schoolwork.别因为功课责备孩子而使他觉得很内疚。

17 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

18 opposition   

n.反对，敌对

参考例句：

• The party leader is facing opposition in his own backyard.该党领袖在自己的党內遇到了反对。
• The police tried to break down the prisoner's opposition.警察设法制住了那个囚犯的反抗。