Abstract
The “intimate conviction” of the judge in a penal trial is an extremely complex psychological mechanism. It involves both objective (cognitive) and subjective (affective) processes of consciousness, of thought, of vigilance, of value judgements and of responsibility, keeping in mind other phenomena from the unconscious memory as well as instinctive impulses. Furthermore, trial at the Assize Court can engender uncontrollable group phenomena that can lead to the development of a “collective personality” among those playing roles in the trial. Interactions between the judge's state of mind, the method of reasonable doubt, material evidence, the attitude of the accused and his power of seduction may lead to an arbitrary decision being made or to an error of justice. The legal truth is but an imperfect approximation of the “real truth”, which remains inaccessible to human justice.
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