criminal psychology-第26章
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an object when the latter set in his way some special difficulties or caused him pain； and he remembers how he created considerable ease for himself by flinging it aside； tearing it or smashing it to pieces。 When I was a student I owned a very old； thick Latin lexicon； ‘‘Kirschii cornu copia；'' bound in wood covered with pigskin。 This respectable book flew to the ground whenever its master was vexed； and never failed profoundly to reduce the inner stress。 This ‘‘Kirschius'' was inherited from my great…grandfather and it did not suffer much damage。 When； however； some poor apprentice tears the fence； on a nail of which his only coat got a bad tear； or
＇1＇ Cf。 Ncke in H。 Gross's Archiv； I； 200； IX； 153。
when a young peasant kills the dog that barks at him menacingly and tries to get at his calf； then we come along with our ‘‘damages according to so and so much；'' and the fellow hasn't done any more than I have with my ‘‘Kirschius。''＇1＇ In the magnificent novel； ‘‘Auch Einer；'' by F。 T。 Vischer； there is an excellent portrait of the perversity of things； the author asserts that things rather frequently hold ecumenical councils with the devil for the molestation of mankind。
How far the perversity of the inanimate can lead I saw in a criminal case in which a big isolated hay…stack was set on fire。 A traveler was going across the country and sought shelter against oncoming bad weather。 The very last minute before a heavy shower he reached a hay…stack with a solid straw cover； crept into it； made himself comfortable in the hay and enjoyed his good fortune。 Then he fell asleep； but soon woke again inasmuch as he； his clothes； and all the hay around him was thoroughly soaked； for the roof just above him was leaking。 In frightful rage over this ‘‘evil perversity；'' he set the stack on fire and it burned to the ground。
It may be said that the fact of the man's anger is as much a motive as any other and should have no influence on the legal side of the incident。 Though this is quite true； we are bound to consider the crime and the criminal as a unit and to judge them so。 If under such circumstances we can say that this unit is an outcome natural to the character of mankind； and even if we say； perhaps； that we might have behaved similarly under like circumstances； if we really cannot find something absolutely evil in the deed； the criminal quality of it is throughout reduced。 Also； in such smaller cases the fundamental concept of modern criminology comes clearly into the foreground： ‘‘not the crime but the criminal is the object of punishment； not the concept but the man is punished。'' （Liszt）。
The fact of the presence of a significant irritation is important for passing judgment； and renders it necessary to observe with the most thorough certainty how this irritation comes about。 This is the more important inasmuch as it becomes possible to decide whether the irritation is real or artificial and imitated。 Otherwise； however； the meaning of the irritation can be properly valued only when its development can be held together step by step with its causes。 Suppose I let the suspect know the reason of suspicion brought by his enemies； then if his anger sensibly increases with the presentation of each new ground； it appears much more natural
＇1＇ Cf。 Bernhardi in H。 Gross's Archiv； V； p。 40。
and real than if the anger increased in inexplicable fashion with regard to less important reasons for suspicion and developed more slowly with regard to the more important ones。
The collective nature of somatic phenomena in the case of great excitement has been much studied； especially among animals； these being simpler and less artificial and therefore easier to understand； and in the long run comparatively like men in the expression of their emotions。 Very many animals； according to Darwin； erect their hair or feathers or quills in cases of anxiety； fear； or horror； and nowadays； indeed； involuntarily； in order to exhibit themselves as larger and more terrible。 The same rising of the hair even to…day plays a greater rle among men than is generally supposed。 Everybody has either seen in others or discovered in himself that fear and terror visibly raise the hair。 I saw it with especial clearness during an examination when the person under arrest suddenly perceived with clearness； though he was otherwise altogether innocent； in what great danger he stood of being taken for the real criminal。 That our hair rises in cases of fear and horror without being visible is shown； I believe； in the well known movement of the hand from forehead to crown。 It may be supposed that the hair rises at the roots invisibly but sensibly and thus causes a mild tickling and pricking of the scalp which is reduced by smoothing the head with the hand。 This movement； then； is a form of involuntary scratching to remove irritation。 That such a characteristic movement is made during examination may therefore be very significant under certain circumstances。 Inasmuch as the process is indubitably an influence of the nerves upon the finer and thinner muscle…fibers； it must have a certain resemblance to the process by which； as a consequence of fear； horror； anxiety； or care； the hair more or less suddenly turns white。 Such occurrences are in comparatively large numbers historical； G。 Pouchet＇1＇ counts up cases in which hair turned white suddenly； （among them one where it happened while the poor sinner was being led to execution）。 Such cases do not interest us because； even if the accused himself turned grey over night； no evidence is afforded of guilt or innocence。 Such an occurrence can be evidential only when the hair changes color demonstrably in the case of a witness。 It may then be certainly believed that he had experienced something terrible and aging。 But whether he had really experienced this； or merely believed that he had experienced it； can as yet not be discovered； since the
＇1＇ Revue de deux Mondes； Jan。 1； 1872。
belief and the actual event have the same mental and physical result。
Properly to understand the other phenomena that are the result of significant irritation； their matrix； their aboriginal source must be studied。 Spencer says that fear expresses itself in cries； in hiding； sobbing and trembling； all of which accompany the discovery of the really terrible； while the destructive passions manifest themselves in tension of the muscles； gritting of the teeth； extending the claws： all weaker forms of the activity of killing。 All this； aboriginally inherited from the animals； occurs in rather less intense degrees in man； inclusive of baring the claws； for exactly this movement may often be noticed when somebody is speaking with anger and vexation about another person and at the same time extends and contracts his fingers。 Anybody who does this even mildly and unnoticeably means harm to the person he is talking about。 Darwin indeed； in his acutely observing fashion； has also called attention to this。 He suggests that a man may hate another intensely； but that so long as his anatomy is not affected he may not be said to be enraged。 This means clearly that the somatic manifestations of inner excitement are so closely bound up with the latter that we require the former whenever we want to say anything about the latter。 And it is true that we never say that a man was enraged or only angry； if he remained physically calm； no matter how noisy and explicit he might have been with words。 This is evidence enough of the importance of noticing bodily expression。 ‘‘How characteristic；'' says Volkmar＇1＇ ‘‘is the trembling and heavy breathing of fear； the glowering glance of anger； the choking down of suppressed vexation； the stifling of helpless rage； the leering glance and jumping heart of envy。'' Darwin completes the description of fear： The heart beats fast； the features pale； he feels cold but sweats； the hair rises； the secretion of saliva stops； hence follows frequent swallowing； the voice becomes hoarse； yawning begins； the nostrils tremble； the pupils widen； the constrictor muscles relax。 Wild and very primitive people show this much more clearly and tremble quite uncontrolled。 The last may often be seen and may indeed be est
