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

Abstract

Consciousness of guilt is another state of mind that raises a new set of legal and psychological problems. Wigmore dramatically states its significance when he says: "As an axe leaves its mark in the speechless tree, so an evil 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 the forces of external nature." As a result, we are not here concerned, as in the case of state of mind to prove an act, with the hearsay rule or an exception to it. We need not worry about finding a necessity for the introduction of the statements, or a guarantee of their trustworthiness. We are dealing with a firmly established notion in the law, based on an equally well-settled axiom of common sense.