criminal psychology-第65章
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n stoppage of the clock。 I believe the explanation to be as follows： As customary noises especially are unheard； I did not hear the pendulum of the clock。 But its sudden stopping disturbed the balance of sound which had been dominating the room。 This called attention to the cause of the disturbance； i。 e。； the ticking which had ceased； and hence perception was intensified _*backwards_ and I heard the last ticks； which I had not perceived before； one after another。 The latent stimulus caused by the ticking worked backward。 My attention was naturally awakened only _*after_ the last tick； but my perception was consecutive。
I soon heard of another case； this time； in court。 There was a shooting in some house and an old peasant woman； who was busy sewing in the room； asserted that she had just before the shooting heard a _*few_ steps in the direction from which the shot must have come。 Nobody would agree that there was any reason for supposing that the person in question should have made his final steps more noisily than his preceding ones。 But I am convinced that the witness told the truth。 The steps of the new arrival were perceived subconsciously； the further disturbance of the perception hindered her occupation and finally； when she was frightened by the shot； the upper levels of consciousness were illuminated and the noises which had already reached the subconsciousness passed over the threshold and were consciously perceived。
I learned from an especially significant case； how the same thing could happen with regard to vision。 A child was run over and killed by a careless coachman。 A pensioned officer saw this through the window。 His description was quite characteristic。 It was the anniversary of a certain battle。 The old gentleman； who stood by the window thinking about it and about his long dead comrades； was looking blankly out into the street。 The horrible cry of the unhappy child woke him up and he really began to see。 Then he observed that he had in truth seen everything that had happened _*before_ the child was knocked overi。 e。； for some reason the coachman had turned around； turning the horses in such a way at the same time that the latter jumped sidewise upon the frightened child； and hence the accident。 The general expressed himself correctly in this fashion： ‘‘I saw it all； but I did not perceive and know that I saw it until _*after_ the scream of the child。'' He offered also in proof of the correctness of his testimony； that he； an old cavalry officer； would have had to see the approaching misfortune if he had consciously seen the moving of the coachman； and then he would have had to be frightened。 But he knew definitely that he was frightened only when the child cried outhe could not； therefore； have consciously perceived the preceding event。 His story was confirmed by other witnesses。
This psychological process is of significance in criminal trials； inasmuch as many actionable cases depend upon sudden and unexpected events； where retrospective illumination may frequently come in。 In such cases it is most important to determine what actually has been perceived； and it is never indifferent whether we take the testimony in question as true or not。
With regard to the senses of criminals； Lombroso and Ottolenghi have asserted that they are duller than those of ordinary people。 The assertion is based on a collection made by Lombroso of instances of the great indifference of criminals to pain。 But he has overlooked the fact that the reason is quite another thing。 Barbarous living and barbarous morals are especially dulling； so that indifference to pain is a characteristic of all barbarous nations and characters。 Inasmuch as there are many criminals among barbarous people； barbarity； criminality and indifference to pain come together in a large number of cases。 But there is nothing remarkable in this； and a direct relation between crime and dullness of the senses can not be demonstrated。
（b） The Sense of Sight。
Section 37。 （I） _General Considerations_。
Just as the sense of sight is the most dignified of all our senses； it is also the most important in the criminal court； for most witnesses testify as to what they have seen。 If we compare sight with the hearing； which is next in the order of importance； we discover the well…known fact that what is seen is much more certain and trustworthy than what is heard。 ‘‘It is better to see once than to hear ten times；'' says the universally…valid old maxim。 No exposition； no description； no complication which the data of other senses offer； can present half as much as even a fleeting glance。 Hence too； no sense can offer us such surprises as the sense of sight。 If I imagine the thunder of Niagara； the voice of Lucca； the explosion of a thousand cartridges； etc。； or anything else that I have not heard； my imagination is certainly incorrect； but it will differ from reality only in degree。 It is quite different with visual imagination。 We need not adduce examples of magnificence like the appearance of the pyramids； a tropical light； of a famous work of art； a storm at sea； etc。 The most insignificant thing ever seen but variously pictured in imagination will be greeted at first sight with the words： ‘‘But I imagined it quite different！'' Hence the tremendous importance of every local and material characteristic which the criminal court deals with。 Every one of us knows how differently he has； as a rule； imagined the place of the crime to be； how difficult it is to arrive at an understanding with the witness concerning some unseen； local characteristic； and how many mistakes false images of the unseen have caused。 Whenever I ciceroned anybody through the Graz Criminal Museum； I was continually assailed with ‘‘Does this or that look so？ But I thought it looked quite different！'' And the things which evoke these exclamations are such as the astonished visitors have spoken and written about hundreds of times and often passed judgments upon。 The same situation occurs when witnesses narrate some observation。 When the question involves the sense of hearing some misunderstanding may be popularly assumed。 But the people know little of optical illusions and false visual perceptions； though they are aware that incorrect auditions are frequent matters of fact。 Moreover； to the heard object a large number of more or less certain precautionary judgments are attached。 If anybody； e。 g。； has _*heard_ a shot； stealthy footsteps； crackling flames； we take his experience always to be _*approximate_。 We do not do so when he assures us he has _*seen_ these things or their causes。 Then we take thembarring certain mistakes in observation；to be indubitable perceptions in which misunderstanding is impossible。
In this； again； is the basis for the distrust with which we meet testimony concerning hearsay。 For we feel uncertain in the mere absence of the person whose conversation is reported； since his value can not be determined。 But a part of the mistrust lies in the fact that it is not vision but the perennially half…doubted hearing that is in issue。 Lies are assigned mainly to words； but there are lies which are visual （deceptions； maskings； illusions； etc。）。 Visual lies are； however； a diminishing minority in comparison with the lies that are heard。
The certainty of the correctness of vision lies in its being tested with the sense of touch；i。 e。 in the adaptation of our bodily sense to otherwise existing things。 As Helmholtz says； ‘‘The agreement between our visual perceptions and the external world； rests； at least in the most important matters； on the same ground that all our knowledge of the actual world rests on； upon the experience and the lasting test of their correctness by means of experiments； i。 e。； of the movements of our bodies。'' This would almost make it seem that the supreme judge among the senses is the touch。 But that is not intended； we know well enough to what illusions we are subject if we trust the sense of touch alone。 At the same time we must suppose that the question here is one of the nature of the body； and this can be measured only by something similar； i。e。； by our own physical characteristics； but always under the control of some ot
