criminal psychology-第34章
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gestures； for ‘‘folding the hands in the lap'' is proverbial and means there is no more to be done。 The gesture signifies； therefore； ‘‘I'm not going to do any more； I can't； I won't。'' Hence it must be granted that the condition of resignation and its gesture can have no significance for our own important problem； the problem of guilt； inasmuch as the innocent as well as the guilty may become resigned； or may reach the limit at which he permits everything to pass without his interference。 In the essence and expression of resignation there is the abandonment of everything or of some particular thing； and in court； what is abandoned is the hope to show innocence； and as the latter may be real as well as merely pleaded； this gesture is a definite sign in certain cases。 It is to be noted among the relations and friends of a defendant who； having done everything to save him； recognize that the evidence of guilt is irrefutable。 It is again to be noticed among courageous lawyers who； having exerted all their art to save their clients； perceive the failure of their efforts。 And finally； the defendants show it； who have clearly recognized the danger of their case。 I believe that it is not an empirical accident that the gesture of resignation is made regularly by innocent persons。 The guilty man who finds himself caught catches at his head perhaps； looks toward heaven gritting his teeth； rages against himself； or sinks into a dull apathy； but the essential in resignation and all its accompanying movements is foreign to him。 Only that conforms to the idea of resignation which indicates a surrender； the cession of some value that one has a claim onif a man has no claim to any given thing he can not resign it。 In the same way； a person without right to guiltlessness and recognition； will instinctively not surrender it with the emotion of resignation； but at most with despair or anger or rage。 And it is for this reason that the guilty do not exhibit gestures of resignation。
The contraction of the brow occurs in other cases besides those mentioned。 Before all it occurs when anything is dealt with intensively； increasing with the increase of the difficulty of the subject。 The aboriginal source of this gesture lies in the fact that intensive activities involve the need of acuter vision； and this is in some degree acquired by the contraction of the skin of the forehead above the eyebrows； for vision is clarified in this way。 Intensive consideration on the part of a defendant or a witness； and the establishment of its reality or simulation； are significant in determining whether he himself believes the truth of what is about to be explained。 Let us suppose that the issue involves proving an alibi on a certain definite； rather remote day； and the defendant is required to think over his whereabouts on that day。 If he is in earnest with regard to the establishment of his alibi； i。 e。 if he really was not there and did not do the thing； it will be important for him to remember the day in question and to be able to name the witnesses of his whereabouts then。 Hence he will think intensively。 But if he has claimed an alibi dishonestly； as is frequent with criminals； in order to make people conclude that nobody has the right to demand where and for how long a time he was on such and such a day； then there is no need of thinking closely about something that has not happened。 He exhibits in such cases a kind of thoughtfulness； which is not； however； earnest and profound： and these two adjectives describe _*real_ consideration。 The same observations are to be made in regard to dishonest witnesses who； when pressed to think hard； only simulate doing so。 One is compelled at the very least to look closely after the witness who simply imitates intensive thinking without showing the signs proper to it。 The suspicion of false testimony is then justifiable。
A rather different matter is that blank expression of the eyes which only shows that its possessor is completely lost in his thoughts this has nothing to do with sharp recollection and demands above all things being let alone or the belief of being so。 In this case no distinguishing gestures are made； though the forehead； mouth or chin may be handled； only； however； when embarrassment occurs i。 e。 when the man observes that he is being watched； or when he discovers that he has forgotten the presence of other people。 It is supposed that this does not occur in court； but it does happen not infrequently when； for example； the judge； after some long discussion with the accused； is about to dictate what has been said。 If this takes rather a long time； it may chance that the witness is no longer listening but is staring vacantly into the distance。 He is then reviewing his whole life or the development and consequences of his deed。 He is absorbed in a so…called intuitive thought； in the reproduction of events。 Intensive consideration requires the combination of particulars and the making of inferences； hence the form of thinking we have just been speaking of is merely spiritual sightseeing。 It is when this takes place that confessions are most easy to get； if only the judge keeps his eyes properly open。
That contraction of the brow signifies a condition of disgust is well known； but there is yet； as I believe； a still other use of this contractioni。 e。 its combination with a smile； indicating disbelief。 How this union occurred seems comparatively undiscoverable perhaps it results from the combination of the smile of denial with the frown of sharp observation。 But the gesture is； in any event； reliable； and may not easily stand for anything but disbelief and doubt。 Hence it is always a mistake to believe that anybody who makes that expression believes what he has heard。 If you test it experimentally you will find that when you make it you say involuntarily to yourself： ‘‘Well now； that can't be true；'' or ‘‘Look here； that's a whopper！'' or something like that。 The expression occurs most frequently in confronting witnesses with defendants and especially witnesses with each other。
The close relation of the contraction of the brow with its early stage； a slight elevation of the eyebrows； is manifest in the fact that it occurs under embarrassmentnot very regularly but almost always upon the perception of something foreign and inexplicable； or upon getting twisted in one's talk； in fact； upon all such conditions which require greater physical and psychical clearness of vision； and hence the shutting out of superfluous light。 The expression may be important on the face of a defendant who asserts；e。 g。 that he does not understand an argument intended to prove his guilt。 If he is guilty he obviously knows what happened in the commission of the crime and thereby the argument which reproduces it； and even if he assures the court a hundred times that he does not understand it； he is either trying to show himself innocent or wants to gain time for his answer。 If he is innocent it may be that he really does not understand the argument because he is unaware of the actual situation。 Hence he will frown and listen attentively at the very beginning of the argument。 The guilty person perhaps also aims to appear enormously attentive； but he does not contract his brow； because he does not need to sharpen his glance； he knows the facts accurately enough without it。 It is important for the penologist to know whether a man has in the course of his life undergone much anxiety and trouble； or whether he has lived through it carelessly。 Concerning these matters Darwin points out that when the inner ends of the eyebrows are raised certain muscles have to be contracted （i。 e。 the circular ones which contract the eyebrows and the pyramidal muscle of the nose； which serve both to pull down and contract the eyelids）。 The contraction is accomplished through the vigorous drawing together of the central bundle of muscles at the brow。 These muscles； by contracting； raise the inner ends of the brow； and since the muscles which contract the eyebrows bring them together at the same time； their inner ends are folded in great lumpy creases。 In this way short oblique； and short perpendicular furrows are made。 Now this； few people c
