criminal psychology-第39章
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； and in addition； would be of little use； for everybody recalls the old judgment anyway and supposes that the circumstances must have been such as to show the man guilty。 If a man is once sentenced for something he has not confessed to； the stigma remains no matter how the facts may be against it。
Experience has shown that the victims of theft count everything stolen that they do not discover at the first glance。 And it might have been lost long before the theft； or have been stolen at an earlier or a later time。 For this reason it often happens that servants； and even the children of the house or other frequenters； take the robbery as an opportunity for explaining the disappearance of things they are responsible for or steal afresh and blame it upon ‘‘the thief。'' The quantity stolen is generally exaggerated； moreover； in order to excite universal sympathy and perhaps to invoke help。 In general； we must hold that there is no psychological reason that a confessor should deny anything the confession of which can bring him no additional harm。 The last point must be carefully treated； for it requires taking the attitude of the accused and not of the examiner。 It is the former's information and view…point that must be studied； and it often contains the most perverted view…points； e。 g。； one man denies out of mere obstinacy because he believes that his guilt is increased by this or that fact。 The proposition： who has stolen one thing； has also stolen the rest； has slight justification。
（c） If a denying fellow…criminal is accused by a confession； the interpretation of the latter becomes difficult。 First of all； the pure kernel of the confession must be brought to light； and everything set aside that might serve to free the confessor and involve the other in guilt。 This portion of the work is comparatively the easiest； inasmuch as it depends upon the circumstances of the crime。 It is more difficult to determine what degree of crime the confessor attached to himself by accusing also the other man； because clearness can be reached in such a case only by working out the situation from beginning to end in two directions； first； by studying it without reference to the fellow…criminal； second； with such reference。 The complete elimination of the additional circumstance is exceedingly troublesome because it requires the complete control of the material and because it is always psychologically difficult so to exclude an event already known in its development and inference as to be able to formulate a theory quite without reference to it。
If this is really accomplished and some positive fact is established in the self…accusation； the question becomes one of finding the value seen by the confessor in blaming himself together with his fellow。 Revenge； hatred； jealousy； envy； anger； suspicion； and other passions will be the forces in which this value will be found。 One man brings his ancient comrade into jeopardy in revenge for the latter's injustice in the division of the booty； or in deliberate anger at the commission of some dangerous stupidity in a burglary。 Again； it often happens that he or she； through jealousy； accuses her or him in order that the other may be also imprisoned； and so not become disloyal。 Business jealousy； again； is as influential as the attempt to prevent another from disposing of some hidden booty； or from carrying out by himself some robbery planned in partnership。 These motives are not always easy to discover but are conceivable。 There are also cases； not at all rare； in which the ordinary man is fully lacking in comprehension of ‘‘the substitute value；'' which makes him confess the complicity of his fellow。 I am going to offer just one example； and inasmuch as the persons concerned are long since dead； will； by way of exception； mention their names and the improbability of their stories。 In 1879 an old man； Blasius Kern； was found one morning completely snowed over and with a serious wound in the head。 There was no possible suspicion of robbery as motive of the murder； inasmuch as the man was on his way home drunk； as usual； and it was supposed that he had fallen down and had smashed his skull。 In 1881 a young fellow； Peter Seyfried； came to court and announced that he had been hired by Blasius Kern's daughter； Julia Hauck； and her husband August Hauck； to kill the old fellow； who had become unendurable through his love of drink and his endless quarrelsomeness； and accordingly he had done the deed。 He had been promised an old pair of trousers and three gulden； but they had given him the trousers； not the money； and as all his attempts to collect payment had failed he divulged the secret of the Hauck people。 When I asked him if he were unaware that he himself was subject to the law he said； ‘‘I don't care； the others at least will also be punished；why haven't they kept their word。'' And this lad was very stupid and microcephalic； but according to medico… legal opinion； capable of distinguishing between right and wrong。 His statements proved themselves true to the very last point。
So significantly weak as this in fundamental reliability； very few confessions will appear to be； but the reasons for confessions； difficult both to find and to judge； are many indeed。 The only way to attain certainty is through complete and thorough…going knowledge of all the external conditions； but primarily through sound psychological insight into the nature of both the confessor and those he accuses。 Evidently the first is by far the more important： what he is beneath the surface； his capacities； passions； intentions； and purposes； must all be settled if any decision is to be arrived at as to the advantage accruing to a man by the accusation of others。 For example； the passionate character of some persons may indicate beyond a doubt that they might find pleasure in suffering provided they could cause suffering to others at that price。 Passion is almost always what impels men； and what passion in particular lies behind a confession will be revealed partly by the crime； partly by the relation of the criminals one to the other； partly by the personality of the new victim。 If this passion was strong enough to deal； if I may use the term； anti…egoistically； it can be discovered only through the study of its possessor。 It may be presupposed that everybody acts according to his own advantagethe question asks merely what this advantage is in the concrete； and whether he who seeks it； seeks it prudently。 Even the satisfaction of revenge may be felt as an advantage if it is more pleasurable than the pain which follows confessionthe matter is one of relative weight and is prudently sought as the substitution of an immediate and petty advantage for a later and greater one。
Another series of procedures is of importance in determining proof； where circumstances are denied which have no essential relation to the crime。 They bring the presentation of proof into a bypath so that the essential problem of evidence is left behind。 Then if the denied circumstance is established as a fact it is falsely supposed that the guilt is so established。 And in this direction many mistakes are frequently made。 There are two suggestive examples。 Some years ago there lived in Vienna a very pretty bachelor girl； a sales…person in a very respectable shop。 One day she was found dead in her room。 Inasmuch as the judicial investigation showed acute arsenic poisoning； and as a tumbler half full of sweetened water and a considerable quantity of finely powdered arsenic was found on her table； these two conditions were naturally correlated。 From the neighbors it was learned that the dead girl had for some time been intimate with an unknown gentleman who visited her frequently； but whose presence was kept as secret as possible by both。 This gentleman； it was said； had called on the girl on the evening before her death。 The police inferred that the man was a very rich merchant； residing in a rather distant region； who lived peaceably with his much older wife and therefore kept his illicit relations with the girl secret。 It was further established at the autopsy that the girl was pregnant； and so the theory was formed that the merchant had poisoned h
