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

out of the way old and troublesome relatives who are eating the bread that belongs to husband and children.

 

These facts serve not only to explain the crime, but to reveal the criminal. If we succeed, other things being equal, in adducing <p 356>

a number of feminine characteristics with one of which the cruelty of the crime may be connected and explained, we have a clew to the criminal. The instances mentioned,—the motherly care of house and family, frugality, miserliness, hardness to servants, cruelty to aged parents,—seem rare and not altogether rational, yet they occur frequently and give the right clew to the criminal. There are still other similar combinations. Everybody knows feminine love for trials at court, for the daily paper’s reports of them, and for public executions. While the last were still common in Austria, newspapers concluded regularly with the statement that the “tender”

sex was the great majority of the crowd that witnessed them.

At public executions women of the lower class; at great trials, women of the higher classes, make up the auditors and spectators. Here the movement from eagerness, curiosity, through the desire for vigorous nervous stimulation, to hard-heartedness and undeniable cruelty, is clear enough.

 

There would be nothing for us to do with this fact if we had not to deal with the final expression of cruelty, i. e., murder; especially the specifically feminine forms of murder,—child-murder and poisoning. These, of course, in particular the former, involve abnormal conditions which are subjects for the physician. At the same time it is the judge who examines and sentences, and he is required to understand these conditions and to consider every detail that may help him in drawing his conclusion.

 

That poisoning is mainly a feminine crime is a familiar fact of which modern medico-legal writers have spoken much; even the ancient authors, not medical, like Livy, Tacitus, etc., have mentioned it. It is necessary, therefore, carefully to study the feminine character in order to understand how and why women are given to this form of murder. To do so we need consider, however, only the ordinary factors of the daily life; the extraordinary conditions, etc., are generally superfluous.

 

Every crime that is committed is committed when the reasons for doing it outweigh the reasons for not doing it. This is true even of passional crimes, for a pro and contra must have presented themselves in spite of the lightninglike swiftness of the act. One appeared and then the other, the pro won and the deed was done. In other crimes this conflict lasts at least so long as to be definitely observable, and in the greater crimes it will, as a rule, take more time and more motive. The principles of good and of evil will really battle with each other, and when the individual is so depraved as no longer to <p 357>

have good principles, their place is taken by fear of discovery and punishment, and by the question whether the advantage to be gained is worth the effort, etc. The commission of the crime is itself evidence that the reasons for it were all-powerful. Now suppose that a woman gets the idea of killing somebody. Here for a time pro and contra will balance each other, and when the latter are outweighed she will think that she *must commit murder. If she does not think so she will not do so. Now, every murder, save that by poison, requires courage, the power to do, and physical strength. As woman does not possess these qualities, she spontaneously makes use of poison. Hence, there is nothing extraordinary or significant in this fact, it is due to the familiar traits of woman. For this reason, when there is any doubt as to the murderer in a case of poisoning, it is well to think first of a woman or of a weak, effeminate man.

 

The weakness of woman will help us in still another direction.

It is easily conceivable that all forms of weakness will seek support and assistance, whether physical or moral. The latter is inclined in cases of need to make use, also, of such assistance as may be rendered by personal inward reflection. Now this reflection may be on the one hand, dissuasion, on the other hand persuasion, self-persuasion; the first subduing self-reproach, the latter, fear of discovery. Hence, a woman will try to persuade not only herself, but others also that she was justified in her course and will assign as reason, bad treatment. Now there might have been some bad treatment, but it will have been altered and twisted so utterly as to lose its original form and to become imaginatively unbearable.

Thus, a series of conclusions from the reactions of the suspect to her environment may be easily found, and these are the more convincing if they have occurred within a rather long period of time, in which they may be chronologically arranged, and from which a slow and definite intensification, usque ad ultimum, can be proved.

Such an analysis is, of course, troublesome, but if done systematically, almost always rich in results.

 

The tricks of persuasion which are to suppress the fears of discovery are always helps of another sort. As a rule they are general, and point to the fact that the crime contemplated had occurred before without danger, that everything was intelligently provided for, etc. Now these circumstances are less dangerous, but they require consideration when they count on certain popular views, especially superstitions and certain customs and assumptions.

Suppose, for example, that a young wife wants to get rid of her <p 358>

old husband whom she had married for the sake of his money.

Now certain proverbs point to the fact that old men who marry young women die soon after marriage. This popular view may be entirely justified in the fact that the complete alteration in the mode of life, the experience of uncustomary things, the excitement, the extreme tension, then the effort in venere, finally, perhaps also the use of popularly well-known stimulants, etc., may easily cause weakening, sickening, and as conclusion the death of the old man.

But the public does not draw this kind of inference, it simply assumes, without asking the reason, that when an old man marries a young woman, he dies. Therefore a young wife may easily think, “If I make use of poison nobody will wonder, nobody will see anything suspicious about the death. It is only an event which is universally supposed to happen. The old man died because he married me.”

Such ideas may easily seduce an uneducated woman and determine her conduct. Of course, they are not subject to observation, but they are not beyond control, if the popular views concerning certain matters are known as the views which determine standards. Therefore their introduction into the plot of the suspect may help us in drawing some useful inference.[1]

 

With regard to child-murder the consideration of psychopathic conditions need not absolutely be undertaken. Whether they are present must, of course, be determined, and therefore it is first of all necessary to learn the character of the suspect’s conduct. The opportunity for this is given in any textbook on legal medicine, forensic psychopathology, and criminal psychology. There are a good many older authors.[2] Most of the cases cited by authorities show that women in the best of circumstances have behaved innumerable times in such a way that if they had been poor girls child-murder would immediately have been assumed. Again, they have shown that the sweetest and most harmless creatures become real beasts at the time of accouchement, or shortly after it develop an unbelievable hatred toward child and husband. Many a child-murder may possibly be explained by the habit of some animals of consuming their young immediately after giving birth to them.

Such cases bind us in every trial for child-murder to have the mental state of the mother thoroughly examined by a psychiatrist, and to [1] Cf H. Gross’s Archiv. I, 306, III, 88, V, 207, V, 290.

 

[2] Wigand: Die Geburt des Mensehen. Berlin 1830. Klein <U:>ber Irrtum bei Kindesmord, Harles Jahrbuch, Vol. 3. Burdach Gerichts<a:>rtztliche Arbeiten.

Stuttgart, 1839.

 

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interpret everything connected with the matter as psychologist and humanitarian. At the same time it must not be forgotten that one of the most dangerous results is due to this attitude. Lawmakers have without further consideration kept in mind the mental condition of the mother and have made child-murder much less punishable than ordinary murder. It is inferred, therefore, that it is unnecessary to study the conditions which cause it. This is dangerous, because it implies the belief that the case is settled by giving a minimum sentence, where really an infinity of grades and differences may enter. The situation that the law-maker has studied is one among many, the majority of which we have yet to apprehend and to examine.

 

Section 76. (d) Emotional Disposition and Related Subjects.

 

Madame de Kr<u:>dener writes in a letter to Bernardin de St. Pierre: “Je voulais <e^>tre sentie.” These laconic words of this wise pietist give us an insight into the significance of emotional life of woman.

Man wants to be understood, woman felt. With this emotion she spoils much that man might do because of his sense of justice.

Indeed, a number of qualities which the woman uses to make herself noted are bound up with her emotional life, more or less. Compassion, self-sacrifice, religion, superstition,—all these depend on the highly developed, almost diseased formation of her emotional life. Feminine charity, feminine activity as a nurse, feminine petitions for the pardon of criminals, infinite other samples of women’s kindly dispositions must convince us that these activities are an integral part of their emotional life, and that women perform them only, perhaps, in a kind of dark perception of their own helplessness.

On the one side an unconscious egoism impels them to the defence of those who find themselves in a *similar condition; on the other side, it is a feminine characteristic to apply anything she is to judge to herself first, and then to make her choice. That she does this, rests on the eminent overweight of emotion. So Schopenhauer says: “Women are very sympathetic, but they are behind man in all matters of justice, probity, and scrupulous conscientiousness. Injustice is the fundamental feminine defect.”[1] Schopenhauer should have added, “because they are too sympathetic, because emotion takes up so much place in their minds that they have not enough left for justice.” According to Proudhon, “The conscience of woman [1] Parerga and Paralipomena.

 

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is as much weaker than man’s as her intelligence is smaller. Her morality is of a different sort, her ideas of right and wrong are different, being always on this or that side of justice, and never requiring any equivalence between rights and duties which are such a painful necessity to man.” Spencer says,[1] briefly, that the feminine mind shows a definite lack with regard to the sense of justice.

 

These assertions show that women are deficient in justice, but do not show why. The deficiency is to be explained only in the superabundance of emotional life. This superabundance clarifies a number of facts of their daily routine. We have, of course, to make a distinction between the feeling of a gentlewoman, of a peasant woman, and of the innumerable grades between the two, but this distinction is not essential. Both noble and proletarian are equally unjust, but the rich emotion restores a thousand times what may be missing in justice, and perhaps in many cases hits better upon what is absolutely right than the bare masculine sense of justice. We are, of course, frequently mistaken by relying on the testimony of women, but only when we assume that our rigorously judicial sentence is