criminal psychology-第151章
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ws it as such in the beginning but forgets it at the end。 Such false memories are numerous among barbarous peoples and among raw； untrained； and childish minds。 They see a simple fact； the more they think of it the more they see in it； they magnify and decorate it with environing circumstances； and finally； unite all the details into a whole in memory。 Then they are unable to distinguish what is true from what is not。 Most legends develop in this way。 A peasant assured Taine that he saw his sister's soul on the day she died；though it was really the light of a brandy bottle in the sunset。
In conclusion； I want to cite a case I have already mentioned； which seems to me significant。 As student I visited during vacation a village； one of whose young peasant inhabitants had gone to town for the first time in his life。 He was my vacation play…mate from earliest childhood； and known to me as absolutely devoted to the truth。 When he returned from his visit； he told me of the wonders of the city； the climax of which was the menagerie he had visited。 He described what he saw very well； but also said that he had seen a battle between an anaconda and a lion。 The serpent swallowed the lion and then many Moors came and killed the serpent。 As was immediately to be inferred and as I verified on my return； this battle was to be seen only on the advertising posters which are hung in front of every menagerie。 The lad's imagination had been so excited by what he had seen that day that the real and the imagined were thoroughly interfused。 How often may this happen to our witnesses！
If the notion of imagination is to be limited to the activity of representation； we must class under it the premonitions and forewarnings which are of influence not only among the uneducated。 Inasmuch as reliable observations； not put together a posteriori； are lacking； nothing exact can be said about them。 That innumerable assertions and a semi…scientific literature about the matter exists； is generally familiar。 And it is undeniable that predictions； premonitions； etc。； may be very vivid； and have considerable somatic influence。 Thus； prophecy of approaching death； certain threats or knowledge of the fact that an individual's death is being prayed for； etc。； may have deadly effect on excited people。 The latter superstition especially； has considerable influence。 Praying for death； etc。； is aboriginal。 It has been traced historically into the twelfth century and is made use of today。 Twelve years ago I was told of a case in which an old lady was killed because an enemy of hers had the death…mass read for her。 The old lady simply died of fright。 In some degree we must pay attention to even such apparently remote questions。
（d） _Misunderstandings_。
Section 106。 （I） Verbal Misunderstandings。＇1＇
Here too it is not possible to draw an absolutely definite boundary between acoustic illusions and misunderstandings。 Verbally we may say that the former occur when the mistake； at least in its main characteristic； is due to the aural mechanism。 The latter is intended when there is a mistake in the comprehension of a word or of a sentence。 In this case the ear has acted efficiently； but the mind did not know how to handle what had been heard and so supplements it by something else in connection with matter more or less senseless。 Hence； misunderstandings are so frequent with foreign words。 Compare the singing of immigrant school children； ‘‘My can't three teas of tea'' for ‘‘My country 'tis of thee；'' or ‘‘Pas de lieu Rhone que nous'' with ‘‘Paddle your own canoe。''＇2＇
The question of misunderstandings； their development and solution； is of great importance legally； since not only witnesses but clerks and secretaries are subject to them。 If they are undiscovered they lead to dangerous mistakes； and their discovery causes great trouble in getting at the correct solution。＇3＇ The determination of texts requires not only effort but also psychological knowledge and the capacity of putting one's self in the place of him who has committed the error。 To question him may often be impossible because of the distance； and may be useless because he no longer knows what he said or wanted to say。 When we consider what a tremendous amount of work classical philologists； etc。； have to put into the determination of the proper form of some misspelled word； we can guess how needful it is to have the textual form of a protocol absolutely correct。 The innocence or guilt of a human being may depend upon a misspelled syllable。 Now； to determine the proper and correct character of the text is as a rule difficult； and in most cases impossible。 Whether a witness or the secretary has misunderstood； makes no difference in the nature of the work。 Its importance remains unaffected； but in the latter case the examining justice； in so far as he correctly
＇1＇ Many omissions have been necessitated by the feet that no English equivalents for the German examples could be found。 ＇Translator。＇
＇2＇ Cf。 S。 Freud： Psychopathologie des Alltagsleben
＇3＇ Cited by James； Psychology； Buefer Course。
remembers what he has heard； may avoid error。 The mistakes of the secretaries may in any event be reduced to a minimum if all protocols are read immediately； and not by the secretary but by the examining judge himself。 If the writer reads them he makes the same mistakes； and only a very intelligent witness will perceive them and call attention to them。 Unless it so happens the mistake remains。
I cite a few of the errors that I have observed。 From a protocol with the suspect： ‘‘On the twelfth of the month I left Marie Tomizil'' （instead of； ‘‘my domicile''）。 Instead of ‘‘irrelevant；''‘‘her elephant。'' Very often words are written in； which the dictator only says by the way； e。 g。； ‘‘come in；'' ‘‘go on；'' ‘‘hurry up；'' ‘‘look out；'' etc。 If such words get into the text at all it is difficult to puzzle out how they got in。 How easily and frequently people misunderstand is shown by the oath they take。 Hardly a day passes on which at least one witness does not say some absolute nonsense while repeating it。
The discovery of such errors and the substitution of what is correct brings us back to the old rule that the mere study of our own cases can not teach us anything； since the field of view is too narrow； the material too uniform； and the stimulation too light。 Other disciplines must be studied and examples from the daily life must be sought。 Goethe； in particular； can teach us here。 In his little monograph； ‘‘Hr…； Schreib… and Druckfehler；'' he first tells that he had discovered the most curious mistakes in hearing when he reread dictated letters； mistakes which would have caused great difficulty if not immediately looked after。 The only means for the solution of these errors is； he says； ‘‘to read the matter aloud； get thoroughly into its meaning and repeat the unintelligible word so long that the right one occurs in the flow of speech。 Nobody hears all that he knows； nobody is conscious of all that he senses； is able to imagine； or to think。 Persons who have never been to school tend to turn into German all Latin and Greek expressions。 The same thing happens just as much with words from foreign languages whose pronunciation is unknown to the writer 。 。 。 and in dictation it occurs that a hearer sets his inner inclination； passion； and need in the place of the word he has heard； and substitutes for it the name of some loved person； or some much desired good morsel。'' A better device for the detection of errors than that suggested by Goethe cannot be found； but the protocol or whatever else it may be must be _*read_； otherwise nothing helps。 Many mistakes are due； as Mnsterberg points out； to the fact that the word is seen for just an instant； and it is easy to misread a word so seen if some similar word had been heard or seen just before。 The most senseless corruptions of text occur often； and it seems extraordinary how they may be overlooked。 Andresen points out that the reason for all popular explanations is the consciousness of language which struggles against allowing any name to be an empty sound； and still more； strives to give each term a separate meaning and an indu
