present version of Gross’s Kriminal Psychologie differs from the original in the fact that many references not of general psychological or criminological interest or not readily accessible to English readers have been eliminated, and in some instances more accessible ones have been inserted. Prof. Gross’s erudition is so stupendous that it reaches far out into texts where no ordinary reader would be able or willing to follow him, and the book suffers no loss from the excision. In other places it was necessary to omit or to condense passages. Wherever this is done attention is called to it in the notes. The chief omission is a portion of the section on dialects. Otherwise the translation is practically literal. Additional bibliography of psychological and criminological works likely to be generally helpful has been appended.
CONTENTS.
PAGE
General Introduction to the Modern Criminal Science Series
v
Introduction to the English Version
ix
Author’s Preface to the American Edition
xiii
Translator’s Note
xiv
Introduction
1
PART I. THE SUBJECTIVE CONDITIONS OF EVIDENCE (THE MENTAL ACTIVITIES OF THE JUDGE)
7
Title A. Conditions of Taking Evidence
7
Topic 1. METHOD
7
§ 1 (
a) General Considerations
7
§ 2 (
b) The Method of Natural Science
9
Topic 2. PSYCHOLOGIC LESSONS
14
§ 3 (
a) General Considerations
14
§ 4 (
b) Integrity of Witnesses
16
§ 5 (
c) Correctness of Testimony
18
§ 6 (
d) Presuppositions of Evidence-Taking
20
§ 7 (
e) Egoism
25
§ 8 (
f) Secrets
28
§ 9 (
g) Interest
37
Topic 3. PHENOMENOLOGY: The Outward Expression of Mental States
41
§ 10
41
§ 11 (
a) General External Conditions
42
§ 12 (
b) General Signs of Character
53
§ 13 (
c) Particular Character-signs
61
(d) Somatic Character-Units
69
§ 14 (1) General Considerations
69
§ 15 (2) Causes of Irritation
71
§ 16 (3) Cruelty
76
§ 17 (4) Nostalgia
77
§ 18 (5) Reflex Movements
78
§ 19 (6) Dress
82
§ 20 (7) Physiognomy and Related Subjects
83
§ 21 (8) The Hand
100
Title B. The Conditions for Defining Theories
105
Topic 1. THE MAKING OF INFERENCES
105
§ 22
105
§ 23 (
a) Proof
106
§ 24 (
b) Causation
117
§ 25 (
c) Scepticism
129
§ 26 (
d) The Empirical Method in the Study of Cases
136
§ 27 (
e) Analogy
144
§ 28 (
f) Probability
147
§ 29 (
g) Chance
159
§ 30 (
h) Persuasion and Explanation
161
§ 31 (
i) Inference and Judgment
165
§ 32 (
j) Mistaken Inferences
176
§ 33 (
k) Statistics of the Moral Situation
179
Topic 2. KNOWLEDGE
183
§ 34
183
PART II. OBJECTIVE CONDITIONS OF CRIMINAL INVESTIGATION (THE MENTAL ACTIVITY OF THE EXAMINEE)
187
Title A. General Conditions
187
Topic 1. OF SENSE PERCEPTION
187
§ 35
187
§ 36 (
a) General Considerations
187
(b) The Sense of Sight
196
§ 37 (1) General Considerations
196
§ 38 (2) Color-vision
204
§ 39 (3) The Blind Spot
207
§ 40 (
c) The Sense of Hearing
208
§ 41 (
d) The Sense of Taste
212
§ 42 (
e) The Sense of Smell
213
§ 43 (
f) The Sense of Touch
215
Topic 2. PERCEPTION AND CONCEPTION
221
§ 44
221
Topic 3. IMAGINATION
232
§ 45
232
Topic 4. INTELLECTUAL PROCESSES
238
§ 46 (
a) General Considerations
238
§ 47 (
b) The Mechanism of Thinking
243
§ 48 (
c) The Subconscious
245
§ 49 (
d) Subjective Conditions
248
Topic 5. THE ASSOCIATION OF IDEAS
254
§ 50
254
Topic 6. RECOLLECTION AND MEMORY
258
§ 51
258
§ 52 (
a) The Essence of Memory
259
§ 53 (
b) The Forms of Reproduction
263
§ 54 (
c) The Peculiarities of Reproduction
268
§ 55 (
d) Illusions of Memory
275
§ 56 (
e) Mnemotechnique
279
Topic 7. THE WILL
281
§ 57
281
Topic 8. EMOTION
283
§ 58
283
Topic 9. THE FORMS OF GIVING TESTIMONY
287
§ 59
287
§ 60 (
a) General Study of Variety in Forms of Expression
288
§ 61 (
b) Dialect Forms
293
§ 62 (
c) Incorrect Forms
296
Title B. Differentiating Conditions of Giving Testimony
300
Topic 1. GENERAL DIFFERENCES
300
(a) Woman
300
§ 63 1. General Considerations
300
§ 64 2. Difference between Man and Women
307
3. Sexual Peculiarities
311
§ 65 (
a) General
311
§ 66 (
b) Menstruation
311
§ 67 (
c) Pregnancy
317
§ 68 (
d) Erotic
319
§ 69 (
e) Submerged Sexual Factors
322
4. Particular Feminine Qualities
332
§ 70 (
a) Intelligence
332
§ 71 1. Conception
333
§ 72 2. Judgment
335
§ 73 3. Quarrels with Women
337
§ 74 (
b) Honesty
340
§ 75 (
c) Love, Hate and Friendship
350
§ 76 (
d) Emotional Disposition and Related Subjects
359
§ 77 (
e) Weakness
361
§ 78 (
b) Children
364
§ 79 1. General Considerations
364
§ 80 2. Children as Witnesses
365
§ 81 3. Juvenile Delinquency
369
§ 82 (
c) Senility
372
§ 83 (
d) Differences in Conception
375
§ 84 (
e) Nature and Nurture
384
§ 85 1. The Influence of Nurture
385
§ 86 2. The Views of the Uneducated
388
§ 87 3. Onesided Education
391
§ 88 4. Inclination
393
§ 89 5. Other Differences
395
§ 90 6. Intelligence and Stupidity
398
Topic 2. ISOLATED INFLUENCES
406
§ 91 (
a) Habit
406
§ 92 (
b) Heredity
410
§ 93 (
c) Prepossession
412
§ 94 (
d) Imitation and the Crowd
415
§ 95 (
e) Passion and Emotion
416
§ 96 (
f) Honor
421
§ 97 (
g) Superstition
422
Topic 3. MISTAKES
422
(a) Mistakes of the Senses
422
§ 98 (1) General Considerations
422
§ 99 (2) Optical Illusions
427
§ 100 (3) Auditory Illusions
443
§ 101 (4) Illusions of Touch
449
§ 102 (5) Illusions of the Sense of Taste
452
§ 103 (6) The Illusions of the Olfactory Sense
453
§ 104 (
b) Hallucinations and Illusions
454
§ 105 (
c) Imaginative Ideas
459
(d) Misunderstandings
467
§ 106 1. Verbal Misunderstandings
467
§ 107 2. Other Misunderstandings
470
(e) The Lie
474
§ 108 1. General Considerations
474
§ 109 2. The Pathoformic Lie
479
Topic 4. ISOLATED SPECIAL CONDITIONS
480
§ 110 (
a) Sleep and Dream
480
§ 111 (
b) Intoxication
484
§ 112 (
c) Suggestion
491
Appendix A. Bibliography, including texts more easily within reach of English readers
493
Appendix B. Works on Psychology of General Interest
500
Index: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, Z
503
CRIMINAL PSYCHOLOGY.
INTRODUCTION.
OF all disciplines necessary to the criminal justice in addition to the knowledge of law, the most important are those derived from psychology. For such sciences teach him to know the type of man it is his business to deal with. Now psychological sciences appear in various forms. There is a native psychology, a keenness of vision given in the march of experience, to a few fortunate persons, who see rightly without having learned the laws which determine the course of events, or without being even conscious of them. Of this native psychological power many men show traces, but very few indeed are possessed of as much as criminalists intrinsically require.
In the colleges and pre-professional schools we jurists may acquire a little scientific psychology as a “philosophical propaedeutic,” but we all know how insufficient it is and how little of it endures in the business of life. And we had rather not reckon up the number of criminalists who, seeing this insufficiency, pursue serious psychological investigations.
One especial psychological discipline which was apparently created for our sake is the psychology of law, the development of which, in Germany, Volkmar
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