criminal psychology-第15节
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＇2＇ A。 Lehmann： Die krperliche usserungen psychologischer Zustnde。 Leipsig Pt。 I； 1899。 Pt。 II； 1901。
we say； ‘‘He has the habit of clutching his chin when he is embarrassed；'' but that such habits change is well known。 Furthermore； purely physiological conditions operate in many directions； （such as blushing； trembling； laughter；＇1＇ weeping； stuttering； etc。）； and finally； very few men want to show their minds openly to their friends； so that they see no reason for co…ordinating their symbolic bodily expressions。 Nevertheless； they do so； and not since yesterday； but for thousands of years。 Hence definite expressions have been transmitted for generations and have at the same time been constantly modified； until to…day they are altogether unrecognizable。 Characteristically； the desire to fool others has also its predetermined limitations； so that it often happens that simple and significant gestures contradict words when the latter are false。 E。 g。； you hear somebody say； ‘‘She went down；'' but see him point at the same time； not clearly； but visibly； up。 Here the speech was false and the gesture true。 The speaker had to turn all his attention on what he wanted to say so that the unwatched co…consciousness moved his hand in some degree。
A remarkable case of this kind was that of a suspect of child murder。 The girl told that she had given birth to the child all alone； had washed it； and then laid it on the bed beside herself。 She had also observed how a corner of the coverlet had fallen on the child's face； and thought it might interfere with the child's breathing。 But at this point she swooned； was unable to help the child； and it was choked。 While sobbing and weeping as she was telling this story； she spread the fingers of her left hand and pressed it on her thigh； as perhaps she might have done； if she had first put something soft； the corner of a coverlet possibly； over the child's nose and mouth； and then pressed on it。 This action was so clearly significant that it inevitably led to the question whether she hadn't choked the child in that way。 She assented； sobbing。
Similar is another case in which a man assured us that he lived very peaceably with his neighbor and at the same time clenched his fist。 The latter meant illwill toward the neighbor while the words did not。
It need not； of course； be urged that the certainty of a belief will be much endangered if too much value is sanguinely set on such and similar gestures； when their observation is not easy。 There is enough to do in taking testimony； and enough to observe； to make it difficult to watch gestures too。 Then there is danger （because of
＇1＇ H。 Bergson： Le Rire。 Paris 1900。
slight practice） of easily mistaking indifferent or habitual gestures for significant ones； of supposing oneself to have seen more than should have been seen； and of making such observations too noticeable； in which case the witness immediately controls his gestures。 In short； there are difficulties； but once they are surmounted； the effort to do so is not regretted。
It is to be recommended here； also； not to begin one's studies with murder and robbery； but with the simple cases of the daily life； where there is no danger of making far…reaching mistakes； and where observations may be made much more calmly。 Gestures are especially powerful habits and almost everybody makes them； mainly _*not_ indifferent ones。 It is amusing to observe a man at the telephone； his free hand making the gestures for both。 He clenches his fist threateningly； stretches one finger after another into the air if he is counting something； stamps his foot if he is angry； and puts his finger to his head if he does not understandin that he behaves as he would if his interlocutor were before him。 Such deep…rooted tendencies to gesture hardly ever leave us。 The movements also occur when we lie； and inasmuch as a man who is lying at the same time has the idea of the truth either directly or subconsciously before him； it is conceivable that this idea exercises much greater influence on gesture than the probably transitory lie。 The question； therefore； is one of intensity； for each gesture requires a powerful impulse and the more energetic is the one that succeeds in causing the gesture。 According to Herbert Spencer＇1＇ it is a general and important rule that any sensation which exceeds a definite intensity expresses itself ordinarily in activity of the body。 This fact is the more important for us inasmuch as we rarely have to deal with light and with not deep…reaching and superficial sensations。 In most cases the sensations in question ‘‘exceed a certain intensity；'' so that we are able to perceive a bodily expression at least in the form of a gesture。
The old English physician； Charles Bell；＇2＇ is of the opinion； in his cautious way； that what is called the external sign of passion is only the accompanying phenomenon of that spontaneous movement required by the structure； or better； by the situation of the body。 Later this was demonstrated by Darwin and his friends to be the indubitable starting point of all gesticulation：so； for example；
＇1＇ H。 Spencer： Essays； Scientific； etc。 2d Series
＇2＇ Charles Bell： The Anatomy and Philosophy of Expression。 London 1806 and 1847。
the defensive action upon hearing something disgusting； the clenching of the fists in anger； or among wild animals； the baring of the teeth； or the bull's dropping of the head； etc。 In the course of time the various forms of action became largely unintelligible and significatory only after long experience。 It became； moreover； differently differentiated with each individual； and hence still more difficult to understand。 How far this differentiation may go when it has endured generation after generation and is at last crystallized into a set type； is well known； just as by training the muscles of porters； tumblers or fencers develop in each individual； so the muscles develop in those portions of our body most animated by the mindin our face and hands； especially； have there occurred through the centuries fixed expressions or types of movement。 This has led to the observations of common…sense which speak of raw； animal； passionate or modest faces； and of ordinary； nervous； or spiritual hands； but it has also led to the scientific interpretation of these phenomena which afterwards went shipwreck in the form of Lombroso's ‘‘criminal stigmata；'' inasmuch as an overhasty theory has been built on barren； unexperienced； and unstudied material。 The notion of criminal stigmata is； however； in no sense new； and Lombroso has not invented it； according to an incidental remark of Kant in his ‘‘Menschenkunde；'' the first who tried scientifically to interpret these otherwise ancient observations was the German J。 B。 Friedreich；＇1＇ who says expressly that determinate somatic pathological phenomena may be shown to occur with certain moral perversions。 It has been observed with approximate clearness in several types of cases。 So； for example； incendiarism occurs in the case of abnormal sexual conditions； poisoning also springs from abnormal sexual impulses； drowning is the consequence of oversatiated drink mania； etc。 Modern psychopathology knows nothing additional concerning these marvels； and similar matters which are spoken of nowadays again； have shown themselves incapable of demonstration。 But that there are phenomena so related； and that their number is continually increasing under exact observations； is not open to doubt。＇2＇ If we stop with the phenomena of daily life and keep in mind the ever…cited fact that everybody recognizes at a glance the old hunter； the retired officer； the actor； the aristocratic lady； etc。； we may go still further： the more trained observers can recognize the merchant； the official； the butcher； the shoe…maker； the real
＇1＇ J。 B。 Friedreich： System der Gericht。 Psych。
＇2＇ Cf。 Ncke in Gross's Archiv； I； 200； and IX； 253。
tramp； the Greek； the sexual pervert； etc。 Hence follows an important law_that if a fact is once recognized correctly in its coarser form； then the possibility must be granted that it is correct in its subtler manifestations_。 The boundary between what is coarse and what is not may not be drawn at any particular point。 It varies with the skill of the observer； with the character of the material before him； and with the excellence of his instruments； so that nobody can say where the possibility of progress in the matter ceases。 Something must be granted in all questions appertaining to this subject of recognizable unit…characters and every layman pursues daily certain activities based on their existence。 When he speaks of stupid and intelligent faces he is a physiognomist； he sees that there are intellectual foreheads and microcephalic ones； and is thus a craniologist； he observes the expression of fear and of joy； and so observes the principles of imitation； he contemplates a fine and elegant hand in contrast with a fat and mean hand； and therefore assents to the effectiveness of chirognomy； he finds one hand…writing scholarly and fluid； another heavy； ornate and unpleasant； so he is dealing with the first principles of graphology；all these observations and i
