criminal psychology-第118节
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y humping and rocking of the body the passer…by exhibits！ There are any number of such examples； and if we inquire concerning the permissibility of certain events we simply carry the question of habit into the field of conduct。 Hunting harmless animals； vivisection； the execution of back…breaking tricks； ballets； and numerous other things； will seem to us shocking； inconceivable； disgusting； if we are not habituated to them。 What here requires thought is the fact that we criminalists often judge situations we do not know。 When the peasant； the unskilled laborer； or the craftsman； does anything； we know only superficially the deed's nature and real status。 We have； as a rule； no knowledge of the perpetrator's habits； and when we regard some one of his actions as most reprehensible；quarrel or insult or maltreatment of his wife or childrenhe responds to us with a most astounded expression。 He is not habituated to anything else； and we do not teach him a better way by punishing him。
＇1＇ H。 Gross's Archiv。 II； 140； III； 350； VII； 155； XIII； 161； XIV； 189。
Questions of this sort； however； deal with the generality of human nature； and do not directly concern us。 But directly we are required to make a correct judgment of testimony concerning habit； they will help us to more just interpretations and will reduce the number of crass contradictions。 This is so because many an assertion will seem probable when the witness shows that the thing described was habitual。 No definite boundary can be drawn between skill and habit； and we may； perhaps； say rightly； that skill is possible only where habit exists； and habit is present where a certain amount of skill has been attained。 Skill； generally； is the capacity of speedy habituation。 But a distinction must be drawn。 Habit makes actions easy。 Habituation makes them necessary。 This is most obvious in cases of bodily skill；riding； swimming； skating； cycling； everything in which habit and skill can not be separated； and with regard to which we can not see why we and other untrained people can not immediately do the same thing。 And when we can do it； we do it without thinking； as if half asleep。 Such action is not skilled； but habitual； i。 e。； a part of it is determined by the body itself without the especial guidance of the mind。
We find the hunter's power to see so many animals； tracks； etc。； inconceivable。 When； e。 g。； we have once properly mastered the principle of a quite complicated crystal； we cannot understand why we had not done so before。 We feel in the same way with regard to an unclear drawing； a new road； some bodily activity； etc。 Anybody who has not acquired the habit might have to take all day to learn the business of dressing and undressing himself。 And how difficult it is just to walk； a thing we do unconsciously； is confirmed by the mechanic who wants to construct a walking figure。
That all people are equally subject to habit； is not asserted。 The thing is a matter of disposition； in the sense of the recurrence of past ideas or tendencies。 We must assume that an inclination evinced by idea A makes possible ideas a'； a''； a'''。 Habits may develop according to these dispositions； but the knowledge of the conditions of this development we do not yet possess。 Nevertheless； we tend to assume that the famous historian X and the famous Countess Y will not get the habit of drinking or opium…smoking but in this case our assumption is deduced from their circumstances； and not from their personality。 Hence； it is difficult to say with certainty that a person is incapable of acquiring this or that habit。 So that it is of importance； when the question arises； to discover the existence of implied habits whenever these are asserted in the face of apparently contradictory conditions。 There is a certain presumption for the correctness of the implication； when； e。 g。； the practiced physician asserts that he counted the pulse for a minute without a watch； or when the merchant accurately estimates the weight of goods within a few grams； etc。 But it will be just as well to test the assertion； since； without this test； the possibility of error is still great。
Somebody asserts； e。 g。； that he had been distracted and had paid no attention to what two persons close to him had said。 Suddenly he began to take notice and found himself able to recapitulate all their remarks。 Or again； a musician； who is almost altogether deaf； says that he is so accustomed to music that in spite of his deafness he is able to hear the smallest discord in the orchestra。 Yet again； we hear of insignificant； hardly controllable habits that become accidentally significant in a criminal case。 Thus the crime of arson was observed by the firebrand's neighbor； who could have seen the action through the window； only if he had leaned far out of it。 When he was asked what he wanted to see in the cold winter night； he replied； that he had the habit daily of spitting out of the window just before going to bed。 Another； who was surprised in his sleep by an entering thief； had heavily wounded the latter with a great brush； ‘‘because he happened to have had it in his hand。'' The happening was due to his habit of being unable to fall asleep without a brush in his hand。 If such habits are demonstrable facts they serve to explain otherwise unexplainable events。
They are； however； the more difficult to establish； because they occur mainly in isolated peopleold bachelors and old maids so that their confirmation by others is rare。 On the other hand； every one of us knows habits of his own or of his friends which would not be believed when cited； and which would be very difficult to prove when the need arose。 The influence of habit on indifferent matters can be shown by numerous examples。 There is Kant's citation； that if anybody happened to send his doctor nine ducats the latter would have to believe that the messenger had stolen the tenth。 If you give a bride most beautiful linen； but only eleven pieces； she will weep。 Give her thirteen pieces； and she will certainly throw one of them away。 If you keep these deep…rooted habits in mind； you may possibly say that they must have had a definite； determinative； and alternative influence on body and mind。 For example； from time immemorial mankind has taken medications at definite intervals； e。 g。； every hour； every two hours； etc。； hence； a powder ordered every seventy…seven minutes will cause us complete surprise。 But by what authority does the body require exactly these quantities of time or weight？ Or again； our lectures； private or public； so and so much time？ Of course it would be inconvenient if professors lectured only 52 minutes； yet how much difficulty must not the mind have met in becoming habituated to exactly 60 minutes of instruction！ This habituation has been going on for a long time； and now children； like nations； regard the new in the light of the old； so that the old； especially when it is fixed by language； becomes the mind's instrument for the control of the new。 Indeed we often stick linguistically to old things； although they have been long superannuated。
There is the characteristic state of mind which might be called the refraction of an idea by the presence of another idea。 An example is the habit of saying； ‘‘Unprepared； as I have'' before beginning a speech。 The speaker means to say that he has not prepared himself； but； as he really has prepared himself； both expressions come out together。 This habitual concurrence of the real thought is of importance； and offers； frequently； the opportunity of correcting what is said by what is thought。 This process is similar to that in which a gesture contradicts a statement。 We often hear： ‘‘I had to take it because it was right there。'' This assertion indicates theft through need； and at the same time； theft through opportunity。 Or again； we hear： ‘‘We had not agreed； before''this assertion denies agreement and can indicate merely； because of the added ‘‘before；'' that the agreement was not of already _*long_ standing。 Still again； we hear； ‘‘When we fell to the floor； I defended myself； and struck down at him。'' Here what is asserted is self…defense； and what is admitted is that the enemy was underneath the speaker。 Such refractions of thought occur frequently and are very important； particularly in witnesses who exaggerate or do not tell the whole truth。 They are； however； rarely noticed because they require accurate observation of each word and that requires time； and our time has no time。
Section 92。 （b） Heredity。＇1＇
＇1＇ Benedict： Heredity。 Med Times； 1902； XXX； 289。 Richardson： Theories of Heredity。 Nature； 1902； LXVI； 630。 Petruskewisch： Gedanken zur Vererbung。 Freiburg 1904。
However important the question of heredity may be to lawyers psychologically； its application to legal needs is impossible。 It would require； on the one hand； the study of all the literature concerning it； together with the particular teachings of Darwin and his disciples； and of Lombroso and his。 The criminal…psychological study of it has not yet been established。 The unfounded； adventurous； and arbitrary assertions of the Lombrosists have been contradicted； especially through the efforts of German invest
