Criminal Psychology, Hans Gross [jenna bush book club .txt] 📗

problem is as to whether there exists an actual causal nexus. The same relation occurs in the problem of reciprocal influences.

No one will say, for example, that any event exercises a reciprocal influence on the sun, but apart from such relatively few cases it would not only be supposed that A is the cause of the effect B, but also that B might have reciprocally influenced A. Regard for this possibility may save one from many mistakes.

 

One important source of error with regard to cause and effect lies in the general and profound supposition that the cause must have a certain similarity to the effect. So Ovid, according to J. S.

Mill, has Medea brew a broth of long-lived animals; and popular superstitions are full of such doctrine. The lung of a long-winded fox is used as a cure for asthma, the yarrow is used to cure jaundice, agaricos is used for blisters, aristolochia (the fruit of which has the form of a uterus) is used for the pains of child-birth, and nettle-tea for nettle-rash. This series may be voluntarily increased when related to the holy patron saints of the Catholic Church, who are chosen as protectors against some especial condition or some specific difficulty because they at one time had some connection with that particular matter. So the holy Odilia is the patron saint for diseases of the eye, not because she knew how to cure the eyes, but because her eyes were put out with needles. The thief Dismas is the patron of the dying because we know nothing about him save that he died with Christ. St. Barbara, who is pictured together with a tower in which she was imprisoned, and which was supposed to be a powder house, has become the patron saint of artillery. In the same manner St. Nicholas is, according to Simrock, the patron of sailors because his name resembles Nichus, Nicor, Nicker, which is the name of the unforgotten old German sea-deity.

 

Against such combinations, external and unjustified, not even the most educated and skilful is safe. Nobody will doubt that he is required to make considerable effort in his causal interpretation because of the subconscious influence of such similarities. The matter would not be so dangerous, all in all, because such mistakes may be easily corrected and the attention of people may be called <p 122>

to the inadequacy of such causation—but the reason for this kind of correlations is rarely discovered. Either people do not want to tell it because they instinctively perceive that their causal interpretation cannot be justified, or they cannot even express it because the causal relation had been assumed only subconsciously, and they are hence unaware of the reasons for it and all the more convinced that they are right. So for example, an intelligent man told me that he suspected another of a murder because the latter’s mother died a violent death. The witness stuck to his statement: “the man who had once had something to do with killing must have had something to do with this killing.” In a similar manner, a whole village accused a man of arson because he was born on the night on which a neighboring village burned down. Here, however, there was no additional argument in the belief that his mother had absorbed the influence of the fire inasmuch as the latter was told that there had been a fire only after the child was born. “He once had something to do with fire,” was the basis of the judgment, also in this case.

 

There are innumerable similar examples which, with a large number of habitual superstitious presuppositions, make only false causality. Pearls mean tears because they have similar form; inasmuch as the cuckoo may not without a purpose have only two calls at one time and ten or twenty at another, the calls must mean the number of years before death, before marriage, or of a certain amount of money, or any other countable thing. Such notions are so firmly rooted in the peasantry and in all of us, that they come to the surface, whether consciously or unconsciously, and influence us more than we are accustomed to suppose they do. Whenever anybody assures us that he is able to assert absolutely, though not altogether prove a thing, this assurance may be variously grounded, but not rarely it is no more than one of these false correlations.

Schopenhauer has said, that “motivation is causality seen from within,”—and one may add conversely that causality is motivation seen from without. What is asserted must be motivated, and that is done by means of causality—if no real ultimate cause is found a false, superficial and insufficient one is adopted, inasmuch as we ever strive to relate things causally, in the knowledge that, otherwise, the world would be topsy-turvy. “Everywhere,”

says Stricker, “we learn that men who do not associate their experiences according to right cause are badly adapted to their environment; the pictures of artists are disliked, the laborer’s <p 123>

work does not succeed; the tradesman loses his money, and the general his battle. And we may add, “The criminalist his case.”

For whoever seeks the reason for a lost case certainly will find it in the ignorance of the real fact and in the incorrect co<o:>rdination of cause and effect. The most difficult thing in such co<o:>rdination is not that it has to be tested according to the notion one has for himself of the chain of events; the difficulty lies in the fact that the point of view and mental habits of the man who is suspected of the effects must be adopted. Without this the causal relations as they are arrived at by the other can never be reached, or different results most likely ensue.

 

The frequency of mistakes like those just mentioned is well known.

They affect history. Even La Rochefoucauld was of the opinion that the great and splendid deeds which are presented by statesmen as the outcome of far-reaching plans are, as a rule, merely the result of inclination and passion. This opinion concerns the lawyer’s task also, for the lawyer is almost always trying to discover the moving, great, and unified plan of each crime, and in order to sustain such a notion, prefers to perfect a large and difficult theoretic construction, rather than to suppose that there never was a plan, but that the whole crime sprang from accident, inclination, and sudden impulse. The easiest victims in this respect are the most logical and systematic lawyers; they merely presuppose, “I would not have done this” and forget that the criminal was not at all so logical and systematic, that he did not even work according to plan, but simply followed straying impulses.

 

Moreover, a man may have determined his causal connections correctly, yet have omitted many things, or finally have made a voluntary stop at some point in his work, or may have carried the causal chain unnecessarily far. This possibility has been made especially clear by J. S. Mill, who showed that the immediately preceding condition is never taken as cause. When we throw a stone into the water we call the cause of its sinking its gravity, and not the fact that it has been thrown into the water. So again, when a man falls down stairs and breaks his foot, in the story of the fall the law of gravity is not mentioned; it is taken for granted. When the matter is not so clear as in the preceding examples, such facts are often the cause of important misunderstandings. In the first case, where the immediately preceding condition is *not mentioned, it is the inaccuracy of the expression that is at fault, for we see that at least in scientific form, the efficient cause is always the immedi-

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ately preceding condition. So the physician says, “The cause of death was congestion of the brain in consequence of pressure resulting from extravasation of the blood.” And he indicates only in the second line that the latter event resulted from a blow on the head. In a similar manner the physicist says that the board was sprung as a consequence of the uneven tension of the fibers; he adds only later that this resulted from the warmth, which again is the consequence of the direct sunlight that fell on the board.

Now the layman had in both cases omitted the proximate causes and would have said in case 1, “The man died because he was beaten on the head,” and in case 2 “The board was sprung because it lay in the sun.” We have, therefore, to agree to the surprising fact that the layman skips more intermediaries than the professional, but only because either he is ignorant of or ignores the intervening conditions. Hence, he is also in greater danger of making a mistake through omission.

 

Inasmuch as the question deals only with the scarcity of correct knowledge of proximate causes, we shall set aside the fact that lawyers themselves make such mistakes, which may be avoided only by careful self-training and cautious attention to one’s own thoughts.

But we have at the same time to recognize how important the matter is when we receive long series of inferences from witnesses who give expression only to the first and the last deduction. If we do not then examine and investigate the intermediary links and their justification, we deserve to hear extravagant things, and what is worse, to make them, as we do, the foundation of further inference.

And once this is done no man can discover where the mistake lies.

 

If again an inference is omitted as self-evident (cf. the case of gravity, in falling down stairs) the source of error and the difficulty lies in the fact that, on the one hand, not everything is as self-evident as it seems; on the other, that two people rarely understand the same thing by “self-evident,” so that what is self-evident to one is far from so to the other. This difference becomes especially clear when a lawyer examines professional people who can imagine offhand what is in no sense self-evident to persons in other walks of life. I might cite out of my own experience, that the physicist Boltzmann, one of the foremost of living mathematicians, was told once upon a time that his demonstrations were not sufficiently detailed to be intelligible to his class of non-professionals, so that his hearers could not follow him. As a result, he carefully counted the simplest additions or interpolations on the blackboard, but at <p 125>

the same time integrated them, etc., in his head, a thing which very few people on earth can do. It was simply an offhand matter for this genius to do that which ungenial mortals can not.

 

This appears in a small way in every second criminal case. We have only to substitute the professionals who appear as witnesses.

Suppose, e. g., that a hunter is giving testimony. He will omit to state a group of correlations; with regard to things which are involved in his trade, he will reach his conclusion with a single jump. Then we reach the fatal circle that the witness supposes that we can follow him and his deductions, and are able to call his attention to any significant error, while we, on the other hand, depend on his professional knowledge, and agree to his leaping inferences and allow his conclusions to pass as valid without knowing or being able to test them.

 

The notion of “specialist” or “professional” must be applied in such instances not only to especial proficients in some particular trade, but also to such people as have by accident merely, any form of specialized knowledge, e. g., knowledge of the place in which some case had occurred. People with such knowledge present many a thing as