(2) In strictness, an expert will not be allowed, in cases of alleged insanity, to say that a litigating or incriminated party is insane or the reverse, and so to usurp the prerogative of the court or jury.
1542 fol.; printed by Caspar Trechsel at Vienne); on this work Tollin founds his high estimate of Servetus as a comparative geographer; the passage incriminated on his trial as attacking the verity of Moses is from Lorenz Friese; the accounts of the language and character of modern nations show original observation.
2 The earl himself, before execution, confessed his guilt and the thorough justice of his sentence, while, with singular lack of magnanimity, he incriminated several against whom accusations had not been brought, among others his sister Lady Rich.
- In criminal procedure confession has always, of course, played an important part, and the attempt to obtain such a confession from the incriminated person, whether by physical torture or by less violent means, was formerly, and in certain countries still remains, a recognized expedient for securing the conviction of the guilty.
In English law, on the other hand, the confession of an incriminated person can be received in evidence against him only if it has been free and voluntary.