These data are not applicable to accused persons exclusively.
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.
For instance, not to dwell on the absurd violation of these
traditional criteria of credibility, when police officers are
admitted as witnesses (often the only witnesses) of resistance to
authority or violence, wherein they are doubly interested parties,
how often in our courts do we give a thought to the casual
imaginations or credulity of children, women, weak-nerved or
hysterical persons, and so on? Counsel for defence or prosecution
who desired to know if any particular witness is or is not
hysterical would bring a smile to the face of the judge, very
learned, no doubt, in Roman law or legal precedents, but certainly
ignorant in physiology, psychology, and psycho-pathology.
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