Some Observations on the Law of Evidence -- Consciousness of Guilt

Consciousness of guilt is another state of mind that raises anew set of legal and psychological problems. Wigmore dramaticallystates its significance when he says: As an axe leaves its mark in the speechless tree, so anevil deed leaves its mark in the evil doer's consciousness. Again: The relia...

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Bibliographic Details
Main Author: Hutchins, Robert M. (Author)
Contributors: Slesinger, Donald
Format: Electronic Book
Language:English
Published: 1929
In:Year: 1929
Online Access: Volltext (kostenfrei)
Check availability: HBZ Gateway
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Summary:Consciousness of guilt is another state of mind that raises anew set of legal and psychological problems. Wigmore dramaticallystates its significance when he says: As an axe leaves its mark in the speechless tree, so anevil deed leaves its mark in the evil doer's consciousness. Again: The reliance is not upon the testimonial credit of a person,but upon psychologic forces closely analogous to theforces of external nature. As a result, we are not here concerned, as in the case of state ofmind to prove an act, with the hearsay rule or an exception toit. We need not worry about finding a necessity for the introductionof the statements, or a guarantee of their trustworthiness.We are dealing with a firmly established notion in thelaw, based on an equally well-settled axiom of common sense