Page:Essay on Crimes and Punishments (1775).djvu/61



HE following general theorem is of great use in determining the certainty of a fact. When the proofs of a crime are dependent on each other, that is, when the evidence of each witness, taken separately, proves nothing; or when all the proofs are dependent upon one, the number of proofs neither increase nor diminish the probability of the fact; for the force of the whole is no greater than the force of that on which they depend; and if this fails, they all fall to the ground. When the proofs are independent on each other, the probability of the fact increases in proportion to the number of proofs; for the falsehood of one does not diminish the veracity of another.

It may seem extraordinary, that I speak of probability with regard to crimes, which, to deserve a punishment, must be certain.