Criminal Psychology by Hans Gross (best book club books for discussion TXT) 📖

Possibly a similar account of other types may be rendered. If it is attained by means of a statistic developed on fundamental psychological principles, it would give us ground for a number of important assumptions. It would help us to make parallel inferences, inasmuch as it would permit us to determine the fundamental inclination of the person by considering his calling, his way of approaching his work, his environment, his choice of a wife, his preferred pleasures, etc. And then we should be able to connect this inclination with the deed in question. It is difficult to fix upon the relation between inclination and character, and the agreement will be only general when a man’s character is called all those things to which he is naturally, or by education, inclined. But it is certain that a good or bad character exists only then when its maxims of desire and action express themselves in fact. The emphasis must be on the fact; what is factual may be discovered, and these discoveries may be of use.

The ancient classification of individuals according to temperaments is of little use. There were four of them, called humors, and a series of characteristics was assigned to each, but not one of them had all of its characteristics at once. Hence temperaments determined according to these four categories do not really exist, and the categorical distinction can have no practical value. If, however, we make use of the significant general meaning of temperament, the apparatus of circumstance which is connected with this distinction becomes superfluous. If you call every active person choleric, every truculent one sanguine, every thoughtful one phlegmatic, and every sad one melancholy, you simply add a technical expression to a few of the thousands of adjectives that describe these things. These four forms are not the only ones there are. Apart from countless medial and transitional forms, there are still large numbers that do not fit in any one of these categories. Moreover, temperament alters with age, health, experience, and other accidents, so that the differentiation is not even justified by the constancy of the phenomenon. Nevertheless, it is to some degree significant because any form of it indicates a certain authority, and because each one of these four categories serves to connect a series of phenomena and assumes this connection to be indubitable, although there is absolutely no necessity for it. When Machiavelli says that the world belongs to the phlegmatic, he certainly did not have in mind that complex of phenomena which are habitually understood as the characteristics of the phlegmatic humor. He wanted simply to say that extremes of conduct lead to as little in the daily life as in politics; that everything must be reflected upon and repeatedly tested before its realization is attempted; that only then can progress, even if slow, be made. If he had said, the world belongs to the cautious or reflective person, we should not have found his meaning to be different.

When we seek clearly to understand the nature and culture of an individual, an investigation into his temperament does not help us in the least. Let us consider then, some other characteristic on which is based the judgment of individuals. The proverb says that laughter betrays a man. If in the theater, you know the subject of laughter, the manner of laughter, and the point at which laughter first occurred, you know where the most educated and the least educated people are. Schopenhauer says that the intelligent man finds everything funny, the logical man nothing; and according to Erdmann (in Über die Dummheit), the distressing or laughable characteristics of an object, shows not its nature, but the nature of the observer. It would seem that the criminalist might save himself much work by observing the laughter of his subjects. The embarrassed, foolish snickering of the badly observing witness; the painful smile of the innocent prisoner, or the convicted penitent; the cruel laughter of the witness glad of the damage he has done; the evil laughter of the condemning accomplice; the happy, weak laughter of the innocent who has adduced evidence of his innocence, and the countless other forms of laughter, all these vary so much with the character of the laugher, and are so significant, that hardly anything compares with them in value. When you remember, moreover, that concealment during laughter is not easy, at least at the moment when the laughter ceases, you see how very important laughter may be in determining a case.

Of equal importance with laughter are certain changes which may occur in people during a very short time. If we observe in the course of the daily life, that people, without any apparent reason, so change that we can hardly recognize them, the change becomes ten times more intense under the influence of guilt or even of imprisonment. Somebody said that isolation has revealed the greatest men, the greatest fools, and the greatest criminals. What, then, might be the influence of compulsory isolation, i.e., of imprisonment! We fortunately do not live in a time which permits imprisonment for months and years in even the simplest cases, but under certain circumstances even a few days’ imprisonment may completely alter a person. Embitterment or wildness may exhibit itself, just as sorrow and softness, during the stay under arrest. And hence, the criminalist who does not frequently see and deal with his subjects does not perform his duty. I do not mean, of course, that he should see them for the purpose of getting a confession out of an attack of morbidity; I mean only, that this is the one way of getting a just and correct notion of the case. Every criminalist of experience will grant that he sees the event, particularly the motives of the criminal, otherwise after the first examination than after the later ones, and that his later notions are mainly the more correct ones. If we set aside the unfortunate cases in which the individual held for examination is instructed by his prison-mates and becomes still more spoiled, I might permit myself the assertion that imprisonment tends to show the individual more correctly as he is; that the strange surroundings, the change from his former position, the opportunity to think over his situation may, if there are no opposing influences, help the criminalist a great deal, and this fact is confirmed in the superior results of later to earlier examinations.

In addition, the bodily condition and the health of the prisoner change almost always. The new mode of life, the different food and surroundings, the lack of movement, the moral effect, work directly on the body, and we must confess, unfortunately, on health. There are, however, cases in which health has been improved by imprisonment, especially the health of people who have led a wild, irregular, drunken life, or such who have had to worry and care too much. But these are exceptions, and as a rule the prisoner’s physique suffers a great deal, but fortunately for a short time only. The influence of such effects on the mind is familiar. The bodily misfortune gives a wide opening for complete change in moral nature; health sustains the atheist in darkness. This fact, as mentioned by Bain, may serve to explain the origin of many a confession which has saved an innocent person at the last moment.

Nor must we forget that time—and for the prisoner, imprisonment is time endowed with power—effects many an adjustment of extremes. We know that utter evil is as rare as perfect virtue. We have nothing to do with the latter, but we almost as infrequently meet the former. The longer we deal with “bad men,” the more inclined are we to see the very summit of devilment as the result of need and friendlessness, weakness, foolishness, flightiness, and just simple, real, human poorness of spirit. Now, what we find so redistributed in the course of years, we often find crushed together and fallen apart in a short time. Today the prisoner seems to us the most dreadful criminal; in a few days, we have calmed down, have learned to know the case from another side, the criminal has shown his real nature more clearly, and our whole notion of him has changed.

I frequently think of the simple story of Charles XII’s sudden entry into Dresden. The city fathers immediately called an extraordinary session for the next day in order to discuss, as the Swedish king supposed, what they should have done the day before. Every examined prisoner does the same thing. When he leaves the court he is already thinking of what he should have said differently, and he repeats his reflections until the next examination. Hence, his frequently almost inexplicable variety of statements, and hence, also, the need of frequent examination.

Finally, there is the fact Mittermaier has pointed to—the importance of the criminalist’s own culture and character. “If a girl testifies for her lover and against her brother, the question in judgment arises, which voice is the more powerful? The judge will not easily be able to divorce this standard of judgment from himself and his own view of life.” This is a frequent occurrence. You consider a difficult psychological case in all its aspects, and suddenly, without knowing how or why, you have found its solution: “It must have been so and not otherwise; he has acted so and so for this reason, etc.” A close examination of such a definite inference will convince you that it is due to the pathetic fallacy, i.e., you have so inferred because you would have done so, thought and desired so, under similar circumstances. The commission of the pathetic fallacy is the judge’s greatest danger.

The three enemies of the criminalist are evil nature, untruth, and stupidity or foolishness. The last is not the least difficult. Nobody is safe from its attacks; it appears as the characteristic of mankind in general, in their prejudices, their preconceptions, their selfishness, and their high-riding nature. The criminalist has to fight it in witnesses, in jurymen, and frequently in the obstinacy, dunder-headedness, and amusing self-conceit of his superiors. It hinders him in the heads of his colleagues and of the defendant, and it is his enemy not least frequently in his own head. The greatest foolishness is to believe that you are not yourself guilty of foolishness. The cleverest people do the most idiotic things. He makes the most progress who keeps in mind the great series of his own stupidities, and tries to learn from them. One can only console oneself with the belief that nobody else is better off, and that every stupidity is a basis for knowledge. The world is such that every foolishness gets somebody to commit it.

Foolishness is an isolated property. It is not related to intelligence as cold to warmth. Cold is the absence of heat, but foolishness is not the absence of intelligence. Both are properties that look in the same direction. Hence, it is never possible to speak of intelligence or stupidity by itself. Whoever deals with one deals with the other, but it would be a mistake to conceive them as a developing series at one end of which is intelligence, and at the other, stupidity. The transition is not only frequent, but there are many remarkable cases in which one passes into the other, gets mixed up with it, and covers it. Hence, a thing may often be at one and the same time intelligent and stupid, intelligent in one direction and stupid in another; and it is not incorrect, therefore, to speak of clever stupidities, and of clever deeds that are heartily foolish.

The importance of stupidity is due not only to the fact that it may lead to important consequences, but also to the difficulty