But when proof to the contrary is evident, as, for instance, in
the case of a flagrant crime, or of confession confirmed by other
elements in the trial, it seems fit that the presumption should
cease in view of absolute fact; and especially when we have to do
with habitual criminals.
Even the criminals of this class whom I have questioned recognise
a presumption of the opposite kind. ``They have convicted me,''
said an habitual thief, ``because they knew I might have done it,
without any proof; and they were in the right. You will never be
convicted, because you never stole; and if we happen to be
innocent once in a way, that must be set against the other times
when we are not discovered.'' And the ironical smile of several
of these prisoners, condemned on circumstantial evidence, reminded
me of a provision which was once proposed in the Italian penal
code, under which a person surprised in the attempt to commit a
crime, if it was not known what precise form his crime would have
taken, was to be found guilty of a less serious offence. This
might be good for an occasional criminal, or a criminal of
passion, but would be absurd and dangerous for habitual criminals
and old offenders.
Pages:
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219