criminal psychology-第22节
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d of courage in not offering any defense and in keeping silent。 Such phenomena require the most obvious caution； for one is now dealing apparently with powerful fellows who have received injustice。 Whether they are quite guiltless； whether they are being improperly dealt with； or for whatever reason the proper approach has not been made； we must go back； to proceed in another fashion； and absolutely keep in mind the possibility of their being innocent in spite of serious evidence against them。
These people are mainly recognizable by their mode of life； their habitual appearance； and its expression。 Once that is known their conduct in court is known。 In the matter of individual features of character； the form of life； the way of doing things is especially to be observed。 Many an effort； many a quality can be explained in no other way。 The simple declaration of Volkmar； ‘‘There are some things that we want only because we had them once；'' explains to the criminalist long series of phenomena that might otherwise have remained unintelligible。 Many a larceny； robbery； possibly murder； many a crime springing from jealousy； many sexual offenses become intelligible when one learns that the criminal had at one time possessed the object for the sake of which he committed the crime； and having lost it had tried with irresistible vigor to regain it。 What is extraordinary in the matter is the fact that considerable time passes between the loss and the desire for recovery。 It seems as if the isolated moments of desire sum themselves up in the course
＇1＇ Etwas zur Charakterisierung der Juden。 1793。
of time and then break out as the crime。 In such cases the explaining motive of the deed is never to be found except in the criminal's past。
The same relationship exists in the cases of countless criminals whose crimes seem at bottom due to apparently inconceivable brutality。 In all such cases； especially when the facts do not otherwise make apparent the possible guilt of the suspect； the story of the crime's development has to be studied。 Gustav Strave asserts that it is demonstrable that young men become surgeons out of pure cruelty； out of desire to see people suffer pain and to cause pain。 A student of pharmacy became a hangman for the same reason and a rich Dutchman paid the butchers for allowing him to kill oxen。 If； then； one is dealing with a crime which points to _*extraordinary_ cruelty； how can one be certain about its motive and history without knowing the history of the criminal？
This is the more necessary inasmuch as we may be easily deceived through apparent motives。 ‘‘Inasmuch as in most capital crimes two or more motives work together； an ostensible and a concealed one；'' says Kraus；＇1＇ ‘‘each criminal has at his command apparent motives which encourage the crime。'' We know well enough how frequently the thief excuses himself on the ground of his need； how the criminal wants to appear as merely acting in self…defense during robberies； and how often the sensualist； even when he has misbehaved with a little child； still asserts that the child had seduced _*him_。 In murder cases even； when the murderer has confessed； we frequently find that he tries to excuse himself。 The woman who poisons her husband； really because she wants to marry another； tells her story in such a way as to make it appear that she killed him because he was extraordinarily bad and that her deed simply freed the world of a disgusting object。 As a rule the psychological aspect of such cases is made more difficult； by the reason that the subject has in a greater or lesser degree convinced himself of the truth of his statements and finally believes his reasons for excuse altogether or in part。 And if a man believes what he says； the proof that the story is false is much harder to make； because psychological arguments that might be used to prove falsehood are then of no use。 This is an important fact which compels us to draw a sharp line between a person who is obviously lying and one who does believe what he says。 We have to discover the difference； inasmuch as the self…developed conviction of the truth of a story is never so
＇1＇ A。 Kraus： Die Psychologie des Verbrechens。 Tbingen 1884。
deep rooted as the real conviction of truth。 For that reason； the person who has convinced himself of his truth artificially； watches all doubts and objections with much greater care than a man who has no doubt whatever in what he says。 The former； moreover； does not have a good conscience； and the proverb says truly； ‘‘a bad conscience has a fine ear。'' The man knows that he is not dealing correctly with the thing and hence he observes all objections； and the fact that he does so observe； can not be easily overlooked by the examining officer。
Once this fine hearing distinguishes the individual who really believes in the motive he plausibly offers the court； there is another indication （obviously quite apart from the general signs of deceit） that marks him further； and this comes to light when one has him speak about similar crimes of others in which the ostensible motive actually was present。 It is said rightly； that not he is old who no longer commits youthful follies but he that no longer forgives them； and so not merely he is bad who himself commits evil but also he who excuses them in others。 Of course； that an accused person should defend the naked deed as it is described in the criminal law is not likely for conceivable reasonssince certainly no robbery…suspect will sing a paean about robbers； but certainly almost anybody who has a better or a better…appearing motive for his crime； will protect those who have been guided by a similar motive in other cases。 Every experiment shows this to be the case and then apparent motives are easily enough recognized as such。
（d） Somatic Character…Units。
Section 14。 （1） _General Considerations_。
When we say that the inner condition of men implies some outer expression； it must follow that there are series of phenomena which especially mold the body in terms of the influence of a state of mind on external appearance； or conversely； which are significant of the influence of some physical uniqueness on the psychical state； or of some other psycho physical condition。 As an example of the first kind one may cite the well known phenomenon that devotees always make an impression rather specifically feminine。 As an example of the second kind is the fact demonstrated by Gyurkovechky＇1＇ that impotents exhibit disagreeable characteristics。 Such conditions find their universalizing expression in the cruel but true maxim
＇1＇ V。 Gyurkovechky： Pathologie und Therapie der mnnlichen Impotenz。 Vienna； Leipzig 1889。
‘‘Beware of the marked one。'' The Bible was the first of all to make mention of these evil stigmata。 No one of course asserts that the bearer of any bodily malformation is for that reason invested with one or more evil qualities‘‘Non cum hoc； sed propter hoc。'' It is a general quality of the untrained； and hence the majority of men； that they shall greet the unfortunate who suffers from some bodily malformation not with care and protection； but with scorn and maltreatment。 Such propensities belong； alas； not only to adults； but also to children； who annoy their deformed playfellows （whether expressly or whether because they are inconsiderate）； and continually call the unhappy child's attention to his deformity。 Hence； there follows in most cases from earliest youth； at first a certain bitterness； then envy； unkindness； stifled rage against the fortunate； joy in destruction； and all the other hateful similar qualities however they may be named。 In the course of time all of these retained bitter impressions summate； and the qualities arising from them become more acute； become habitual； and at last you have a ready…made person ‘‘marked for evil。'' Add to this the indubitable fact that the marked persons are considerably wiser and better…instructed than the others。 Whether this is so by accident or is causally established is difficult to say； but inasmuch as most of them are compelled just by their deformities to deprive themselves of all common pleasures and to concern themselves with their own affairs； once they have been fed to satiety with abuse； scorn and heckling； the latter is the more likely。 Under such circumstances they have to think more； they learn more than the others to train their wits； largely as means of defense against physical attack。 They often succeed by wit； but then； they can never be brought into a state of good temper and lovableness when they are required to defend themselves by means of sharp； biting and destructive wit。 Moreover； if the deformed is naturally not well… disposed； other dormant evil tendencies develop in him； which might never have realized themselves if he had had no need of them for purposes of self…defenselying； slander； intrigue； persecution by means of unpermitted instruments； etc。 All this finally forms a determinate complex of phenomena which is undivorceably bound in the eyes of the expert with every species of deformity： the mistrusting of the deaf man； the menacing expression of the blind； the indescribable and therefore extremely characteris
