Criminal Psychology - Hans Gross (list of e readers .TXT) 📗

it is with a little observation to perceive things that might otherwise have been hidden. With what subtle clearness it shows how effective is the egoism which makes each man first of all, and in most cases exclusively, perceive what most concerns him as most prominent! And in addition men so eagerly and often present us the chance for the deepest insight into their souls that we need only to open our eyes—seeing and interpreting is so childishly easy! Each one of us experiences almost daily the most instructive things; e. g. through the window of my study I could look into a great garden in which a house was being built; when the carpenters left in the evening they put two blocks at the entrance and put a board on them crosswise. Later there came each evening a gang of youngsters who found in this place a welcome playground. That obstruction which they had to pass gave me an opportunity to notice the expression of their characters. One ran quickly and jumped easily over,—that one will progress easily and quickly in his life. Another approached carefully, climbed slowly up the board and as cautiously descended on the other side—

careful, thoughtful, and certain. The third climbed up and jumped down—a deed purposeless, incidental, uninforming. The fourth ran energetically to the obstruction, then stopped and crawled boldly underneath—disgusting boy who nevertheless will have carried his job ahead. Then, again, there came a fifth who jumped,—

but too low, remained hanging and tumbled; he got up, rubbed his <p 55>

knee, went back, ran again and came over magnificently—and how magnificently will he achieve all things in life, for he has will, fearlessness, and courageous endurance!—he can’t sink. Finally a sixth came storming along—one step, and board and blocks fell together crashing, but he proudly ran over the obstruction, and those who came behind him made use of the open way. He is of the people who go through life as path-finders; we get our great men from among such.

 

Well, all this is just a game, and no one would dare to draw conclusions concerning our so serious work from such observations merely. But they can have a corroborative value if they are well done, when large numbers, and not an isolated few, are brought together, and when appropriate analogies are brought from appropriate cases. Such studies, which have to be sought in the daily life itself, permit easy development; if observations have been clearly made, correctly apprehended, and if, especially, the proper notions have been drawn from them, they are easily to be observed, stick in the memory, and come willingly at the right moment. But they must then serve only as indices, they must only suggest: “perhaps the case is the same to-day.” And that means a good deal; a point of view for the taking of evidence is established, not, of course, proof as such, or a bit of evidence, but a way of receiving it,—perhaps a false one. But if one proceeds carefully along this way, it shows its falseness immediately, and another presented by memory shows us another way that is perhaps correct.

 

The most important thing in this matter is to get a general view of the human specimen—and incidentally, nobody needs more to do this than the criminalist. For most of us the person before us is only “A, suspected of x.” But our man is rather more than that, and especially he was rather more before he became “A suspected of x.” Hence, the greatest mistake, and, unfortunately, the commonest, committed by the judge, is his failure to discuss with the prisoner his more or less necessary earlier life. Is it not known that every deed is an outcome of the total character of the doer? Is it not considered that deed and character are correlative concepts, and that the character by means of which the deed is to be established cannot be inferred from the deed alone? “Crime is the product of the physiologically grounded psyche of the criminal and his environing external conditions.” (Liszt). Each particular deed is thinkable only when a determinate character of the doer is brought in relation with it—a certain character predisposes to <p 56>

determinate deeds, another character makes them unthinkable and unrelatable with this or that person. But who thinks to know the character of a man without knowing his view of the world, and who talks of their world-views with his criminals? “Whoever wants to learn to know men,” says Hippel,[1] “must judge them according to their wishes,” and it is the opinion of Struve:[2] “A man’s belief indicates his purpose.” But who of us asks his criminals about their wishes and beliefs?

 

If we grant the correctness of what we have said we gain the conviction that we can proceed with approximate certainty and conscientiousness only if we speak with the criminal, not alone concerning the deed immediately in question, but also searchingly concerning the important conditions of his inner life. So we may as far as possible see clearly what he is according to general notions and his particular relationships.

 

The same thing must also be done with regard to an important witness, especially when much depends upon his way of judging, of experiencing, of feeling, and of thinking, and when it is impossible to discover these things otherwise. Of course such analyses are often tiring and without result, but that, on the other hand, they lay open with few words whole broadsides of physical conditions, so that we need no longer doubt, is also a matter of course. Who wants to leave unused a formula of Schopenhauer’s: “We discover what we are through what we do?” Nothing is easier than to discover from some person important to us what he does, even though the discovery develops merely as a simple conversation about what he has done until now and what he did lately. And up to date we have gotten at such courses of life only in the great cases; in cases of murder or important political criminals, and then only at externals; we have cared little about the essential deeds, the smaller forms of activity which are always the significant ones. Suppose we allow some man to speak about others, no matter whom, on condition that he must know them well. He judges their deeds, praises and condemns them, and thinks that he is talking about them but is really talking about himself alone, for in each judgment of the others he aims to justify and enhance himself; the things he praises he does, what he finds fault with, he does not; or at least he wishes people to believe that he does the former and avoids the [1] Th. G. von Hippel: Lebenl<a:>sufe nach aufsteigender Linie. Ed. v Oettingen.

Leipzig 1880

 

[2] G. Struve: Das Seelenleben oder die Naturgeschichte des Menschen. Berlin 1869.

 

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latter. And when he speaks unpleasantly about his friends he has simply abandoned what he formerly had in common with them.

Then again he scolds at those who have gotten on and blames their evil nature for it; but whoever looks more closely may perceive that he had no gain in the same evil and therefore dislikes it. At the same time, he cannot possibly suppress what he wishes and what he needs. Now, whoever knows this fact, knows his motives and to decide in view of these with regard to a crime is seldom difficult. “Nos besoins vent nos forces”—but superficial needs do not really excite us while what is an actual need does. Once we are compelled, our power to achieve what we want grows astoundingly.

How we wonder at the great amount of power used up, in the case of many criminals! If we know that a real need was behind the crime, we need no longer wonder at the magnitude of the power.

The relation between the crime and the criminal is defined because we have discovered his needs. To these needs a man’s pleasures belong also; every man, until the practically complete loss of vigor, has as a rule a very obvious need for some kind of pleasure. It is human nature not to be continuously a machine, to require relief and pleasure.

 

The word pleasure must of course be used in the loosest way, for one man finds his pleasure in sitting beside the stove or in the shadow, while another speaks of pleasure only when he can bring some change in his work. I consider it impossible not to understand a man whose pleasures are known; his will, his power, his striving and knowing, feeling and perceiving cannot be made clearer by any other thing. Moreover, it happens that it is a man’s pleasures which bring him into court, and as he resists or falls into them he reveals his character. The famous author of the “Imitation of Christ,” Thomas <a!> Kempis, whose book is, saving the Bible, the most widespread on earth, says: “Occasiones hominem fragilem non faciunt, sea, qualis sit, ostendunt.” That is a golden maxim for the criminalist. Opportunity, the chance to taste, is close to every man, countless times; is his greatest danger; for that reason it was great wisdom in the Bible that called the devil, the Tempter.

A man’s behavior with regard to the discovered or sought-out opportunity exhibits his character wholly and completely. But the chance to observe men face to face with opportunity is a rare one, and that falling-off with which we are concerned is often the outcome of such an opportunity. But at this point we ought not longer to learn, but to know; and hence our duty to study the <p 58>

pleasures of men, to know how they behave in the presence of their opportunities.

 

There is another group of conditions through which you may observe and judge men in general. The most important one is to know yourself as well as possible, for accurate self-knowledge leads to deep mistrust with regard to others, and only the man suspicious with regard to others is insured, at least a little, against mistakes. To pass from mistrust to the reception of something good is not difficult, even in cases where the mistrust is well-founded and the presupposition of excellent motives among our fellows is strongly fought. Nevertheless, when something actually good is perceivable, one is convinced by it and even made happy. But the converse is not true, for anybody who is too trusting easily presupposes the best at every opportunity, though he may have been deceived a thousand times and is now deceived again. How it happens that self-knowledge leads to suspicion of others we had better not investigate too closely—it is a fact.

 

Every man is characterized by the way he behaves in regard to his promises. I do not mean keeping or breaking a promise, because nobody doubts that the honest man keeps it and the scoundrel does not. I mean the *manner in which a promise is kept and the *degree in which it is kept. La Roche-Foucauld[1] says significantly: “We promise according to our hopes, and perform according to our fears.” When in any given case promising and hopes and performance and fears are compared, important considerations arise,—

especially in cases of complicity in crime.

 

When it is at all possible, and in most cases it is, one ought to concern oneself with a man’s style,—the handwriting of his soul.

What this consists of cannot be expressed in a definite way. The style must simply be studied and tested with regard to its capacity for being united with certain presupposed qualities. Everybody knows that education, bringing-up, and intelligence are indubitably expressed in style, but it may also be observed that style clearly expresses softness or hardness of a character, kindness or cruelty, determination or weakness, integrity or