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

customary brawl seemed to me especially umpleasant. I sympathized with the wounded boy, his parents, his opponents, all strangers to me, and I bewrayed the rawness of mankind, its love for liquor, etc.

This attitude was so striking that I began to seek its cause. I found it, first of all, in the dreary region,—then in the cup of hot coffee that I had drunk in the restaurant, which might possibly have been poisonous;—finally, it occurred to me that the hoof-beats of the horses were tuned to a very saddening minor chord. The coachman in his hurry had forgotten to take bells with him, and in order to avoid violating police regulations he had borrowed at the inn another peal, and my sad state dated from the moment I heard it. I banished the sound and immediately I found myself enjoying the pretty scenery.

 

I am convinced that if I had been called to testify in my sad state, I would have told the story otherwise than normally. The influence of music upon attitude is very well known. The unknown influence of external conditions also makes a difference on attitude. “If you are absorbed in thought,” says Fechner, “you notice neither sunshine nor the green of the meadows, etc., and still you are in a quite different emotional condition from that which would possess you in a dark room.”

 

The attitude we call indifference is of particular import. It appears, especially, when the ego, because of powerful impressions, is concerned with itself; pain, sadness, important work, reflection, <p 379>

disease, etc. In this condition we depreciate or undervalue the significance of everything that occurs about us. Everything is brought into relation to our personal, immediate condition, and is from the point of view of our egoism, more or less indifferent. It does not matter whether this attitude of indifference occurs at the time of perception or at the time of restatement during the examination.

In either case, the fact is robbed of its hardness, its significance, and its importance; what was white or black, is described as gray.

 

There is another and similar attitude which is distinguished by the fact that we are never quite aware of it but are much subject to it. According to Lipps[1] and Lotze,[2] there is to be observed in neurotic attitudes a not rare and complete indifference to feeling, and in consciousness an essential lack of feeling-tone in perception.

Our existence, our own being, seems to us, then, to be a foreign thing, having little concern with us—a story we need not earnestly consider. That in such condition little attention is paid to what is going on around us seems clear enough. The experiences are shadowy and superficial; they are indifferent and are represented as such only. This condition is very dangerous in the law court, because, where a conscientious witness will tell us that, e. g., at the time of the observation or the examination he was sick or troubled, and therefore was incorrect, a person utterly detached in the way described does not tell the judge of his condition, probably because he does not know anything about it.

 

There are certain closely-related mental and physical situations which lead to quite a different view. Those who are suffering physically, those who have deeply wounded feelings, and those who have been reduced by worry, are examined in the same way as normal people, yet they need to be measured by quite a different standard.

Again, we are sometimes likely to suppose great passions that have long since passed their period, to be as influential as they were in their prime. We know that love and hate disappear in the distance, and that love long dead and a long-deferred hatred tend to express themselves as a feeling of mildness and forgiveness which is pretty much the same in spite of its diverse sources. If the examiner knows that a great passion, whether of hate or of love, exists, he thinks he is fooled when he finds a full, calm and objective judgment instead of it.

It seems impossible to him, and he either does not believe the probably accurate witness, or colors his testimony with that knowledge.

 

[1] T. Lipps: Die Grundtatsachen des Seelenlebens. Bonn 1883

 

[2] R. H. Lotze: Medizinische Psychologie. Leipzig 1882.

 

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Bodily conditions are still more remarkable in effecting differences in point of view. Here no sense-illusion is presented since no change occurs in sense-perception; the changes are such that arise after the perception, during the process of judgment and interpretation.

We might like an idea when lying down that displeases us when we stand up. Examination shows that this attitude varies with the difference in the quantity of blood in the brain in these two positions, and this fact may explain a whole series of phenomena. First of all, it is related to plan-making and the execution of plans. Everybody knows how, while lying in bed, a great many plans occur that seem good. The moment you get up, new considerations arise, and the half-adopted plan is progressively abandoned. Now this does not mean anything so long as nothing was undertaken in the first situation which might be binding for the resolution then made. For example, when two, lying in bed, have made a definite plan, each is later ashamed before the other to withdraw from it. So we often hear from criminals that they were sorry about certain plans, but since they were once resolved upon, they were carried out. Numbers of such phenomena, many of them quite unbelievable in appearance, may be retroduced to similar sources.

 

A like thing occurs when a witness, e. g., reflects about some event while he is in bed. When he thinks of it again he is convinced, perhaps, that the matter really occurred in quite another way than he had newly supposed it to. Now he may convince himself that the time at which he made the reflections was nearer the event, and hence, those reflections must have been the more correct ones—

in that case he sticks to his first story, although that might have been incorrect. Helmholtz[1] has pointed to something similar: “The colors of a landscape appear to be much more living and definite when they are looked at obliquely, or when they are looked at with the head upside down, than when they are looked at with the head in its ordinary position. With the head upside down we try correctly to judge objects and know that, e. g., green meadows, at a certain distance, have a rather altered coloration. We become used to that fact, discount the change and identify the green of distant objects with the shade of green belonging to near objects. Besides, we see the landscape from the new position as a flat image, and incidentally we see clouds in right perspective and the landscape flat, like clouds when we see them in the ordinary way.” Of course, everybody knows this. And of course, in a criminal case such considerations will [1] Handbuch der physiologischen Optik. Leipzig 1865.

 

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hardly ever play any r<o^>le. But, on the other hand, it is also a matter of course that the reason for these differences might likewise be the reason for a great many others not yet discovered, and yet of great significance to criminalists.

 

Such is the situation with regard to comparison. Schiel laid much emphasis on the fact that two lines of unequal length seem equal when they diverge, although their difference is recognized immediately if they are parallel, close together, and start from the same level.

He says that the situation is similar in all comparison. If things may be juxtaposed they can be compared; if not, the comparison is bound to be bad. There is no question of illusion here, merely of convenience of manipulation. Juxtaposition is frequently important, not for the practical convenience of comparison, but because we must know whether the witness has discovered the right juxtaposition.

Only if he has, can his comparison have been good. To discover whether he has, requires careful examination.

 

Conception and interpretation are considerably dependent on the interest which is brought to the object examined. There is a story of a child’s memory of an old man, which was not a memory of the *whole man, but only of a green sleeve and a wrinkled hand presenting a cake of chocolate. The child was interested only in the chocolate, and hence, understood it and its nearest environment —the hand and the sleeve. We may easily observe similar cases.

In some great brawl the witness may have seen only what was happening to his brother. The numismatist may have observed only a bracelet with a rare coin in a heap of stolen valuables. In a long anarchistic speech the witness may have heard only what threatened his own welfare. And so on. The very thing looks different if, for whatever reason, it is uninteresting or intensely interesting.

A color is quite different when it is in fashion, a flower different when we know it to be artificial, the sun is brighter at home, and home-grown fruit tastes better. But there is still another group of specific influences on our conceptions and interpretations, the examples of which have been increasing unbrokenly. One of these is the variety in the significance of words. Words have become symbols of concepts, and simple words have come to mean involved mathematical and philosophical ideas. It is conceivable that two men may connote quite different things by the word “symbol.”

And even in thinking and construing, in making use of perceived facts, different conceptions may arise through presenting the fact to another with symbols, that to him, signify different things. The <p 382>

difference may perhaps not be great, but when it is taken in connection with the associations and suggestions of the word used, small mistakes multiply and the result is quite different from what it might have been if another meaning had been the starting-point.

The use of foreign words, in a sense different from that used by us, may lead us far astray. It must be borne in mind that the meaning of the foreign word frequently does not coincide with the sense it has in the dictionary. Hence, it is dangerous in adducing evidence to use foreign expressions when it is important to adhere strictly to a single meaning. Taine says, correctly: “Love and amour, girl and jeune fille, song and chanson, are not identical although they are substituted for one another.” It is, moreover, pointed out that children, especially, are glad to substitute and alter ideas for which one word stands, so that they expand or contract its meaning haphazard.

Bow-wow may first mean a dog, then a horse, then all animals, and a child who was once shown a fir tree in the forest said it wasn’t a fir tree, for fir trees come only at Christmas.

 

This process is not confined to children. At one time or another we hear a word. As soon as we hear it we connect it with an idea.

This connection will rarely be correct, largely because we have heard the word for the first time. Later, we get our idea from events in which this word occurs, of course, in connection with the object we instantaneously understand the word to mean. In time we learn another word, and word and meaning have changed, correctly or incorrectly. A comparison of these changes in individuals would show how easy both approximations and diversifications in meaning are. It must follow that any number of misunderstandings can develop, and many an alteration in the conception of justice and decency, considered through a long period, may become very significant in indicating the changes in the meaning of words. Many a time, if we bear thoroughly in