criminal psychology-第157章
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han usual of their causes and effects。 As a rule； people are
＇1＇ Zeitschrift f。 Biologie； Neue Folge； Band I。
＇2＇ Cf。 H。 Gross's Archiv。 XIII； 177。
satisfied to determine the degree of intoxication by the answers to a few stereotyped questions： Did the man wabble while walking？ Was he able to run？ Could he talk coherently？ Did he know his name？ Did he recognize you？ Did he show great strength？ An affirmative answer to these questions from two witnesses has been enough to convict a man。＇1＇
As a rule； this conviction is justified； and it is proper to say that if a person is still sufficiently in control of himself to do all these things he must be considered capable of understanding the difference between right and wrong。 But this is not always the case。 I do not say that irrationality through drink must always obtain when the drunkard is unable to remember what happened while he was drunk。 His inability is not determinative； because the circumstances following a deed have no reflex effect。 Even if after the deed a person is ignorant of what he has done it is still possible that he was aware of its nature while committing it； and this possibility is the determinative factor。 But the knowledge of what is being done does not in itself make the doer responsible； for if the drunkard beats the policeman he knows that he is fighting somebody； he could not do so without knowing it； and what excuses him is the fact that while he was drunk； he was not aware that he was fighting a policeman； that so far as he is capable of judgment at all； he judges himself to be opposed to some illegal enemy； against whom he must defend himself。
If it be said in opposition that a drunkard is not responsible if he does； when drunk； what he would not do when sober； this again would be an exaggeration。 Why； is shown by the many insults； the many revelations of secrets； the many new friendships of slight intoxication。 These would not have occurred if the drunkard had been sober； and yet nobody would say that they had occurred during a state of irresponsibility。
Hence； we can say only that intoxication excuses when an action either follows directly and solely as the reflex expression of an impulse； or when the drunkard is so confused about the nature of his object that he thinks himself justified in his conduct。 Hence； the legal expressions （e。 g。； ‘‘complete drunkenness'' of Austrian criminal law； and ‘‘unconsciousness'' of the German imperial criminal statute book） will in practice be pushed one degree higher up than ordinary usage intends。 For complete intoxication or drunkenness into loss of consciousness usually means that condition in which the individual lies stiff on the ground。 But in this condition he can not do anything；
＇1＇ H。 Gross's Archiv。 II； 107。
and is incapable of committing a crime。 It must follow that the statutes could not have been thinking of this； but of the condition in which the individual is still active and able to commit crimes by the use of his limbs； but absolutely without the control of those limbs。
If we compare innumerable stories that are told； with verbal reliability； about drunkards； or those that are readable in daily papers； police news； and in legal texts； we find groups in which a drunkard makes his bed on a wintry night on a snow bank； undresses himself； carefully folds his clothes beside him； and runs away at the approach of a policeman； climbs over a fence and runs so fast that he can not be caught。 Such a man certainly has not only the use of his organs； but also uses them with comparative correctness in undressing； folding his clothes； and in running away。 If now somebody should pass the drunkard's lair and if he should think that a burglar is in his house and should wound the passer…by； who would believe the drunkard when he tells this story？
In the street there is frequent opportunity of observing some of the arrests of drunkards who fight with fists and feet and teeth； and often have to be taken to the police station in a wheel…barrow。 Now if the man has had the misfortune of recognizing the policeman in his first opposition； and of giving his own name properly； we say that he has ‘‘shown definite signs of responsibility；'' and we sentence him。 But in most cases it was merely the instantaneous illumination of his cindery mind （which was； perhaps； stimulated to the recognition of the policeman and the pronunciation of his name by the latter's rather bearish remarks） which then dies away as swiftly as it rose； and is followed by instinctive self…defense。 Anybody who has frequently observed how utterly senseless is the battle of a drunkard with the overwhelming power of three or four or more people； and how he continues to struggle； even when wholly or completely conquered； must feel convinced that such a man is no longer responsible。
In the same way we must never forget that the prosecution of some very habitual activity is in no sense evidence of responsibility。 Especially when some action has very fine…drawn limits； and the actor knows that a false grip will result in questionable consequences； the habitual movement will be made instinctively。 The soldier will properly carry out his obligations of service； the coachman drive home； unharness； and look after the horses； even the locomotive engineer will complete his difficult task without a breakthen； however； they fall and sleep their drunkenness off。 Now； if something intervenes unexpectedly during the performance of this ha… bitual activity； especially some opposition； some superfluous cajolement； correction； or similar thing； the intoxicated actor is thrown completely out of gear； and can not be restored to it； nor is he able properly to oppose this obstacle。 Hence he acts against it reflexly； and in most cases explosively。
It may be perceived that such a drunkard works unconsciously having been thrown out of gear by some sudden remark； he is unable to complete what he is trying to do； and this develops a despairing expression of emotion for which he is decidedly not responsible。 A countless number of popular maxims indicate the popular opinion that it is best to get out of the way of a drunkard； never to help him； because he can best look after himself。 The public seems to know this very well； theoretically； but in practice no wife applies this theory when her drunken husband comes home； in practice the policeman looks after the drunkard； in practice the peasant and the master quarrel with the drunken servant and the apprentice；and then everybody wonders when suddenly superiors are hurt； maimed； and otherwise opposed。
The best evidence for the certain but very definite routine in which the drunkard moves； is the example cited by Combe＇1＇ concerning the porter who； while drunk； had wrongly delivered a packet。 Later on he could not think where he had brought it； but as by chance he got drunk again； he fetched the packet； and brought it to its proper destination。 This process indicates that the ‘‘in vino veritas'' depends not merely on speech； but on action； and that this coming to the surface of what is really thought is the reason for so many insults offered during intoxication。 Such phenomena are best studied at the beginning of narcosis； in which all the conditions of intoxication come together in a much briefer period of time； and hence appear much more clearly。 How involuntarily the inmost thought breaks through under such circumstances； is shown by an occurrence in a surgical clinic。 An old peasant was to have been subjected to a not dangerous but rare operation。 The famous surgeon of the University had one student after another make a diagnosis； and asked one student after another what kind of an operation he would perform。 The peasant misunderstood it altogether； and as he was half stupefied he cried out involuntarily： ‘‘The old donkey is asking one loafer after another what to do。 Nobody knows anything； and yet they are going to operate on me。''
＇1＇ Andrew Combe： Observations on Mental Derangement。 Edinburgh 1841。
Things that are thought are expressed just as involuntarily during intoxication； and thus the insults； etc。； are accomplished。
What is never believed； but yet may
