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

well known and it is therefore necessary, though not always easy, to seek it out. Hatred is possible among peers, or people who are peers in one connection or another.

As a rule, the king will not be able to hate his musketeer, but he will when they are both passionately in love with the same girl, for they are peers in love. Similarly, the high-bred lady will hardly hate her maid, but if she observes the maid’s magnificent hair and believes that it is better than her own, she will hate the maid, for there is no difference in rank with regard to the love of hair.

 

Real hate has only three sources: pain, jealousy, or love. Either the object of hatred has caused his enemy a great irremediable pain or jealousy, or hatred is, was, or will become love. Some authorities believe that there is another source of hatred which becomes apparent when we have done harm to somebody. That this might show itself as hatred or passion similar to hatred is possible, but in most cases it will probably be a feeling of deep shame and regret, which has certain particular characteristics in common with hatred. If it is really hatred, it is hatred through pain. Hatred is difficult to hide, and even criminalists of small experience will overlook it only in exceptional cases. The discovery of envy, which is less forgiving than hatred, less explosive, much profounder and much more extensive, is incomparably more difficult. Real hatred, <p 419>

like exquisite passion, requires temperament, and under circumstances may evoke sympathy, but friendless envy, any scamp is capable of. Possibly no other passion endangers and destroys so many lives, chokes off so much service, makes impossible so many significant things, and finally, judges so falsely an endless number of persons. When you remember, moreover, its exaggerated extent, and the poor-spirited, easy trick of hiding it, its dangerous nature can not be overestimated. We lawyers are even more imperilled by it because we do not easily allow people to be praised before us; we require witnesses, etc., to speak incriminatingly most of the time, and we cannot easily see whether they are envious.

 

However freely one man may speak against another, we may assume that he is telling the truth, or at worst, that he has a false notion of the matter, or was badly instructed, but we rarely think that his envy dictates it all. This idea occurs to us when he is to praise the other man. Then he exhibits a cautious, tentative, narrowing attitude, so that even a person of little experience infers envy.

And here the much-discussed fact manifests itself, that real envy requires a certain equality. By way of example the petty shopkeeper is cited as envying his more fortunate competitor, but not the great merchant whose ships go round the world. The feeling of the private toward his general, the peasant toward his landlord, is not really envy, it is desire to be like him. It is anger that the other is better off, but inasmuch as the emotion lacks that effective capacity which we require for envy, we can not call it envy. It becomes envy when something by way of intrigue or evil communication, etc., has been undertaken against the envied person. Thus the mere *feeling is confessed at once. People say, “How I envy him this trip, his magnificent health, his gorgeous automobile, etc.” They do not say: “I have enviously spoken evil of him, or done this or that against him.” Yet it is in the latter form that the actual passion of envy expresses itself.

 

The capacity of the envious for false representation makes them particularly dangerous in the courtroom. If we want to discover anything about an individual we naturally inquire of his colleagues, his relatives, etc. But it is just among these that envy rules. If you inquire of people without influence you learn nothing from them, since they do not understand the matter; if you ask professional people they speak enviously or selfishly, and that constitutes our dilemma. Our attention may be called to envy by the speaker’s hesitation, his reserved manner of answering. This is the same in <p 420>

all classes, and is valuable because it may warn us against very bad misunderstandings.

 

As a rule, nothing can be said about passion as a source of crime.

We may assume that passion passes through three periods. The first is characterized by the general or partial recurrence of older images; in the second, the new idea employs its dominating place negatively or positively with respect to the older one,—the passion culminates; and in the third, the forcibly-disturbed emotional equilibrium is restored. Most emotions are accompanied by well-known physical phenomena. Some have been thoroughly studied, e. g., the juristically important emotion of fear. In fear, breathing is irregular, inspiration is frequently broken, a series of short breaths is followed by one or more deep ones, inspiration is short, expiration is prolonged, one or the other is sobbing. All these phenomena are only a single consequence of the increase of respiratory changes. The irregularity of the latter causes coughing, then a disturbance of speech, which is induced by the irregular action of the muscles of the jaw, and in part by the acceleration of the breathing. In the stages of echoing fear, yawning occurs, and the distention of the pupils may be noticed as the emotion develops. This is what we often see when a denying defendant finds himself confounded by evidence, etc.

 

The most remarkable and in no way explicable fact is, that these phenomena do not occur in innocent people. One might think that the fear of being innocently convicted would cause an expression of dread, anger, etc., but it does not cause an expression of real terror. I have no other than empirical evidence of the fact, so that many more observations are required before any fresh inferences are deduced therefrom anent a man’s guilt or innocence. We must never forget that under such circumstances passions and emotions often change into their opposites according to rule. Parsimony becomes extravagance, and conversely; love becomes hate. Many a man becomes altogether too foolhardy because of despairing fear. So it may happen that terror may become petrifying coldness, and then not one of the typical marks of terror appears. But it betrays itself just as certainly by its icy indifference as by its own proper traits. Just as passions transmute into their opposites, so they carry a significant company of subordinate characteristics.

Thus, dread or fear is accompanied by disorderly impertinence, sensuality by cruelty. The latter connection is of great importance to us, for it frequently eliminates difficulties in the explanation of <p 421>

crime. That cruelty and lasciviousness have the same root has long been known. The very ecstasy of adventurous and passionate love is frequently connected with a certain cruel tendency. Women are, as a rule, more ferocious than men.[1] It is asserted that a woman in love is constantly desiring her man. If this be true, the foregoing statement is sufficiently explained. In one sense the connection between sexual passion and cruelty is bound up with that unsatiability which is characteristic of several passions. It is best to be observed in passions for property, especially such as involve the sense-perception of money. It is quite correct to speak of the overwhelming, devilish power of gold, of the sensual desire to roll in gold, of the irresistible ring of coins, etc. And it is also correctly held that money has the same definite influence on man as blood on preying animals. We all know innumerable examples of quite decent people who were led to serious crimes by the mere sight of a large sum of money. Knowledge of this tendency may, on occasion, lead to clues, and even to the personality of the criminal.

 

[1] A. Eulenberg: Sexuale Neuropathie. Leipzig 1895.

 

Section 96. (f) Honor.

 

Kant says that a man’s honor consists in what people think about him, a woman’s in what people say about her. Another authority believes that honor and a sense of honor are an extension of the sense of self in and through others. The essence of my honor is my belief that I exist for others, that my conduct will be judged and valued not only by myself but by others. Falstaff calls honor the painted picture at a funeral. Our authors are both right and wrong, for honor is simply the position a man takes with regard to the world, so that even gamins may be said to have honor. Unwillingness to see this may cause us criminalists considerable trouble. One of the worst men I ever met in my profession, a person guilty of the nastiest crimes, so nasty that he had driven his honorable parents to suicide, had at the expiration of his last sentence of many years in prison, said literally, “I offer no legal objection against the sentence.

I beg, however, for three days’ suspension so that I may write a series of farewell letters which I could not write as a prisoner.”

Even in the heart of this man there was still the light of what other people call honor. We often find similar things which may be used to our advantage in examination. Not, of course, for the purpose of getting confession, accusation of accomplices, etc. This might, <p 422>

indeed, serve the interests of the case, but it is easy to identify a pliable attitude with an honorable inclination, and the former must certainly not be exploited, even with the best intention. Moreover, among persons of low degree, an inclination toward decency will hardly last long and will briefly give way to those inclinations which are habitual to bad men. Then they are sorry for what they had permitted to occur in their better moment and curse those who had made use of that moment.

 

It is often funny to see the points at which the criminal seeks his “honor.” What is proper for a thief, may be held improper for a robber. The burglar hates to be identified with the pickpocket.

Many a one finds his honor in this wise deeply attacked, particularly when it is shown him that he is betraying an accomplice, or that he has swindled his comrades in the division of booty, etc. I remember one thief who was inconsolable because the papers mentioned that he had foolishly overlooked a large sum of money in a burglary.

This would indicate that criminals have professional ambitions and seek professional fame.

 

Section 97. (g) Superstition.

 

For a discussion of Superstition see my Handbuch f<u:>r Untersuchungsrichter, etc. (English translation by J. Adam, New York, 1907), and H. Gross’s Archiv I, 306; III, 88; IV, 340; V, 290, 207; IX, 253; IV, 168; VI, 312; VII, 162; XII, 334.

 

Topic 3. MISTAKES.

 

(a) Mistakes of the Senses.

 

Section 98. (1) General Considerations.

 

As sensation is the basis of knowledge, the sensory process must be the basis of the correctness of legal procedure. The information we get from our senses and on which we construct our conclusion, may be said, all in all, to be reliable, so that we are not justified in approaching things we assume to depend on sense-perception with exaggerated caution. Nevertheless, this perception is not always completely correct, and the knowledge of its mistakes must help us and even cause us to wonder that we make no greater ones.

 

Psychological examination of sense-perception has been going on since Heraclitus. Most of the mistakes discovered have been used for various purposes, from sport to science. They are surprising and attract and sustain public attention; they have, hence, become <p 423>

familiar, but their influence upon other phenomena and their consequences in the daily life