Monday, December 10, 2012

证言

在证据法中,人死之前的遗言作为hearsay的例外是可作为证据的。有点象中国古语“人之将死,其言亦善”的意思。不过西方人相信“人之将死,其言亦‘真’”。

今天新闻所报道的半个多世纪的悬案的突破点,是嫌疑人母亲的临终遗言及他妹妹的“大义灭亲”。

据报道说:


“McCullough's youngest sister, a baby at the time of the crime, contacted an Illinois State Police tip line in 2008 and told investigators that her dying mother had pulled her close in her hospital room years earlier, and, referring to Ridulph's murder, said, "John did it. John did it, and you have to tell someone."
Janet Tessier added that her mother was agitated and emotional at the time, and "expressed a great deal of guilt," according to a transcript obtained by CNN.”

或许,大部分人还是有正义之心的。这位负疚的母亲在临终前为她儿子的前罪提供了最有力的证词。