criminal psychology-第103节
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or start to speak of some matter in which the witness herself feels guilty; she turns about and defends where before she had been attacking。 In these cases we must try to find out whether we have become; ‘‘general。'' If we have; we know why the witness is defending the accused。
We may say the same things of feminine hate that we have said of feminine love。 Love and hate are only the positive and negative aspects of the same relation。 When a woman hates you she has loved you; does love you; or will love you;this is a reliable rule for the many cases in which feminine hatred gives the criminalist work。 Feminine hatred is much intenser than masculine hatred。 St。 Gregory says that it is worse than the devil's; for the devil acts alone while woman gets the devil to help her; and Stolle believes that a woman seeking revenge is capable of anything。 We have here to remember that among women of the lower classes; hate; anger; and revenge are only different stages of the same emotion。 Moreover; nobody finds greater joy in revenge than a woman。 Indeed I might say that revenge and the pursuit of revenge are specifically feminine。 The real; vigorous man is not easily turned thereto。 In woman; it is connected with her greater sensibility which causes anger; rage; and revenge to go further than in men。 Lombroso has done most to show this; and Mantegazza cites numberless examples of the superior ease with which woman falls into paroxysms of rage。 Hence; when some crime with revenge as motive is before us; and we have no way of getting at the criminal; our first suspicion should be directed toward a woman or an effeminate man。 Further; when we have to make an orderly series of inferences; we will start from this proposition into the past; present; and future; and shall not have much to wonder at if the successful vengeance far exceeds its actual or fanciful occasion; and if; perhaps; a very long time has elapsed before its accomplishment。 Nulla irae super iram mulieris。
Feminine cruelty is directly connected with feminine anger and hatred。 Lombroso has already indicated how fundamental woman's inclination to cruelty is。 The cases are well known; together with the frequent and remarkable combination of real kindness of heart with real bestiality。 Perhaps it would be proper to conceive this cruelty as a form of defence; or the expression of defence; for we often find cruelty and weakness paired elsewhere; as among children; idiots; etc。 It is particularly noticeable among cretins in the Alps。 The great danger of the cretin's anger is well known there。 Once; one of these unfortunates was tortured to death by another because he thought that his victim had received from the charitable monks a larger piece of bread than he。 Another was killed because he had received a gift of two trousers buttons。 These instances; I should think; indicate the real connection between cruelty and weakness。 Cruelty is a means of defence; and hence is characteristic of the weaker sex。 Moreover; many a curious bit of feminine cruelty is due to feminine traits misunderstood; suppressed; but in themselves good。 Just as we know that frugality and a tendency to save in housekeeping may often lead to dishonesty; so we perceive that these qualities cause cruelty to servants; and even the desire to put out of the way old and troublesome relatives who are eating the bread that belongs to husband and children。
These facts serve not only to explain the crime; but to reveal the criminal。 If we succeed; other things being equal; in adducing a number of feminine characteristics with one of which the cruelty of the crime may be connected and explained; we have a clew to the criminal。 The instances mentioned;the motherly care of house and family; frugality; miserliness; hardness to servants; cruelty to aged parents;seem rare and not altogether rational; yet they occur frequently and give the right clew to the criminal。 There are still other similar combinations。 Everybody knows feminine love for trials at court; for the daily paper's reports of them; and for public executions。 While the last were still common in Austria; newspapers concluded regularly with the statement that the ‘‘tender'' sex was the great majority of the crowd that witnessed them。 At public executions women of the lower class; at great trials; women of the higher classes; make up the auditors and spectators。 Here the movement from eagerness; curiosity; through the desire for vigorous nervous stimulation; to hard…heartedness and undeniable cruelty; is clear enough。
There would be nothing for us to do with this fact if we had not to deal with the final expression of cruelty; i。 e。; murder; especially the specifically feminine forms of murder;child…murder and poisoning。 These; of course; in particular the former; involve abnormal conditions which are subjects for the physician。 At the same time it is the judge who examines and sentences; and he is required to understand these conditions and to consider every detail that may help him in drawing his conclusion。
That poisoning is mainly a feminine crime is a familiar fact of which modern medico…legal writers have spoken much; even the ancient authors; not medical; like Livy; Tacitus; etc。; have mentioned it。 It is necessary; therefore; carefully to study the feminine character in order to understand how and why women are given to this form of murder。 To do so we need consider; however; only the ordinary factors of the daily life; the extraordinary conditions; etc。; are generally superfluous。
Every crime that is committed is committed when the reasons for doing it outweigh the reasons for not doing it。 This is true even of passional crimes; for a _pro_ and _contra_ must have presented themselves in spite of the lightninglike swiftness of the act。 One appeared and then the other; the _pro_ won and the deed was done。 In other crimes this conflict lasts at least so long as to be definitely observable; and in the greater crimes it will; as a rule; take more time and more motive。 The principles of good and of evil will really battle with each other; and when the individual is so depraved as no longer to have good principles; their place is taken by fear of discovery and punishment; and by the question whether the advantage to be gained is worth the effort; etc。 The commission of the crime is itself evidence that the reasons for it were all…powerful。 Now suppose that a woman gets the idea of killing somebody。 Here for a time _pro_ and _contra_ will balance each other; and when the latter are outweighed she will think that she _*must_ commit murder。 If she does not think so she will not do so。 Now; every murder; save that by poison; requires courage; the power to do; and physical strength。 As woman does not possess these qualities; she spontaneously makes use of poison。 Hence; there is nothing extraordinary or significant in this fact; it is due to the familiar traits of woman。 For this reason; when there is any doubt as to the murderer in a case of poisoning; it is well to think first of a woman or of a weak; effeminate man。
The weakness of woman will help us in still another direction。 It is easily conceivable that all forms of weakness will seek support and assistance; whether physical or moral。 The latter is inclined in cases of need to make use; also; of such assistance as may be rendered by personal inward reflection。 Now this reflection may be on the one hand; dissuasion; on the other hand persuasion; self… persuasion; the first subduing self…reproach; the latter; fear of discovery。 Hence; a woman will try to persuade not only herself; but others also that she was justified in her course and will assign as reason; bad treatment。 Now there might have been some bad treatment; but it will have been altered and twisted so utterly as to lose its original form and to become imaginatively unbearable。 Thus; a series of conclusions from the reactions of the suspect to her environment may be easily found; and these are the more convincing if they have occurred within a rather long period of time; in which they may be chronologically arranged; and from which a slow and definite intensification; usque ad ultimum; can be proved。 Such an analysis is; of course; troublesome; but if done systematically; almost always rich in results。
The tricks of persuasion which are to suppress the fears of discovery are always helps of another sort。 As a rule they are general; and point to the fact that the crime contemplated had occurred before without danger; that everything was intelligently provided for; etc。 Now these circumstances are less dangerous; but they require consideration when they count on certain popular views; especially superstitions and certain customs and assumptions。 Suppose; for example; that a young wife wants to get rid of her old husband whom she had married for the sake of his money。 Now certain proverbs point to the fact that old men who marry young women die soon after marriage。 This popular view may be entirely justified in the fact that the complete alteration in the mode of life; the experience of uncustomary things; the excitement; the extreme tension; then the effort _in venere_; finally; perhaps also the use of popularly wel