criminal psychology-第15章
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cerning the case。 Whoever so proceeds may be certain in even the most ordinary and simplest cases； of the interest of his colleagues；hence of their attention； and； in consequence； of the best in their power。 These are essentially self…evident propositions。 In certain situations； however； more is asked with regard to the experts。 The expert； whether a very modest workman or very renowned scholar； must in the first instance become convinced of the judge's complete interest in his work； of the judge's power to value the effort and knowledge it requires； of the fact that he does not question and listen merely because the law requires it； and finally of the fact that the judge is endowed； so far as may be； with a definite comprehension of the expert's task。
However conscientiously and intensely the expert may apply himself to his problem； it will be impossible to work at it with real interest if he finds no co…operation； no interest； and no understanding among those for whom he； at least formally； is at work。 We may be certain that the paucity of respect we get from the scientific representatives of other disciplines （let us be honest；such is the case） comes particularly from those relations we have with them as experts； relations in which they find us so unintelligent and so indifferent with regard to matters of importance。 If the experts speak of us with small respect and the attitude spreads and becomes general； we get only our full due。 Nobody can require of a criminal judge profound knowledge of all other disciplines besides his own the experts supply thatbut the judge certainly must have some insight into them in so far as they affect his own work； if he is not to meet the expert unintelligent and unintelligible； and if he is to co…operate with and succeed in appraising the expert's work。 In a like fashion the judge may be required to take interest in the experts' result。 If the judge receives their report and sticks to the statutes； if he never shows that he was anxious about their verdict； and merely views it as a number； it is no wonder that in the end the expert also regards his work as a mere number； and loses interest。 No man is interested in a thing unless it is made interesting； and the expert is no exception。 Naturally no one would say that the judge should pretend interest；that would be worst of all；he must be possessed of it； or he will not do for a judge。 But interest may be intensified and vitalized。 If the judge perceives that the finding of the experts is very important for his case he must at least meet them with interest in it。 If that is present he will read their reports attentively； will note that he does not understand some things and ask the experts for elucidation。 One question gives rise to another； one answer after another causes understanding； and understanding implies an ever…increasing interest。 It never happens that there should be difficulties because of a request to judicial experts to explain things to the judge。 I have never met any in my own practice and have never heard any complaints。 On the contrary； pleasure and efficiency are generally noticeable in such connections； and the state； above all； is the gainer。 The simple explanation lies here in the fact that the expert is interested in his profession； interested in just that concrete way in which the incomparably greater number of jurists are _*not_。 And this again is based upon a sad fact； for us。 The chemist； the physician； etc。； studies his subject because he wants to become a chemist； physician； etc。； but the lawyer studies law not because he wants to become a lawyer； but because he wants to become an official； and as he has no especial interest he chooses his state position in that branch in which he thinks he has the best prospects。 It is a bitter truth and a general rulethat those who want to study law and the science of law are the exceptions； and that hence we have to acquire a real interest in our subject from laymen； from our experts。 But the interest can be acquired； and with the growth of interest； there is growth of knowledge； and therewith increase of pleasure in the work itself and hence success。
The most difficult problem in interest； is arousing the interest of witnessesbecause this is purely a matter of training。 Receiving the attention is what should be aimed at in rousing interest； inasmuch as full attention leads to correct testimonyi。 e。； to the thing most important to our tasks。 ‘‘No interest； no attention；'' says Volkmar。＇1＇ ‘‘The absolutely new does not stimulate； what narrows appreciation； narrows attention also。'' The significant thing for us is that ‘‘the absolutely new does not stimulate'' a matter often overlooked。 If I tell an uneducated man； with all signs of astonishment； that the missing books of Tacitus' ‘‘Annals'' have been discovered in Verona； or that a completely preserved Dinotherium has been cut out of the ice； or that the final explanation of the Martian canals has been made at Manora observatory； all this very interesting news will leave him quite cold； it is absolutely new to him； he does not know what it means or how to get hold of it； it offers him no matter of interest。＇2＇ I should have a similar experience if； in the course of a trig case； I told a man； educated； but uninterested in the case； with joy； that I had finally discovered the important note on which the explanation of the events depended。 I could not possibly expect interest； attention； and comprehension of a matter if my interlocutor knows nothing about the issue or the reason of the note's importance。 And in spite of the fact that everything is natural and can be explained we have the same story every day。 We put the witness a definite question that is of immense importance to us； who are fully acquainted with the problem； but is for the witness detached； incoherent； and therefore barren of interest。 Then who can require of an uninterested witness； attention； and effective and well…considered replies？＇3＇ I myself heard a witness answer a judge who asked him about the weather on a certain day； ‘‘Look here； to drag me so many miles to this place in order to discuss the weather with me；that's。'' The old man was quite right because the detached question had no particular purpose。 But when it was circumstantially explained to him that the weather was of uttermost significance in this case； how it was related thereto； and how important his answer would be； he went at the question eagerly；
＇1＇ v。 Volkmar： Lehrbuch der Psychologie。 Cothen 1875
＇2＇ K。 Haselbrunner： Die Lehre von der Aufmerkeamkeit Vienna 1901。
＇3＇ E。 Wiersma and K。 Marbe： Untersuchungen ber die sogenannten Aufmerk… samkeitsschwankungen。 Ztseh。 f。 Psych。 XXVI； 168 （1901）。
and did everything thinkable in trying to recall the weather in question by bringing to bear various associated events； and did finally make a decidedly valuable addition to the evidence。 And this is the only way to capture the attention of a witness。 If he is merely ordered to pay attention； the result is the same as if he were ordered to speak louder；he does it； in lucky cases； for a moment； and then goes on as before。 Attention may be generated but not commanded； and may be generated successfully with everybody； and at all times； if only the proper method is hit upon。 The first and absolute requirement is to have and to show the same interest oneself。 For it is impossible to infect a man with interest when you have no interest to infect with。 There is nothing more deadly or boresome than to see how witnesses are examined sleepily and with tedium； and how the witnesses； similarly infected； similarly answer。 On the other hand； it is delightful to observe the surprising effect of questions asked and heard with interest。 Then the sleepiest witnesses； even dull ones； wake up： the growth of their interest； and hence of their attention； may be followed step by step； they actually increase in knowledge and their statements gain in reliability。 And this simply because they have seen the earnestness of the judge； the importance of the issue； the case； the weighty consequences of making a mistake； the gain in truth through watchfulness and effort； the avoidance of error through
