criminal psychology-第76章
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n bare assertions into well…ordered perceptions and real representations。 But we generally make the mistake of ascribing the variety of evidence to varying views； or to dishonesty。
To establish the unanimity of such various data； or to find out whether they have such unanimity； is not easy。 The most comfortable procedure is to compare the lesser testimonies with those of the most intelligent of the witnesses。 As a rule； anybody who has a subconscious perception of the object will be glad to bring it out if he is helped by some form of expression； but the danger of suggestion is here so great that this assistance must be given only in the rarest of cases。 The best thing is to help the witness to his full evidence gradually； at the same time taking care not to suggest oneself and thus to cause agreement of several testimonies which were really different but only appeared to look contradictory on account of the effect of subconscious perceptions。 The very best thing is to take the testimony as it comes； without alteration； and later on； when there is a great deal of material and the matter has grown clearer； to test the stuff carefully and to see whether the less intelligent persons gave different testimonies through lack of capacity in expression； or because they really had perceived different things and had different things to say。
This is important when the witnesses examined are experts in the matter in which they are examined。 I am convinced that the belief that such people must be the best witnesses； is false； at least as a generalization。 Benneke （loco cit。）； has also made similar observations。 ‘‘The chemist who perceives a chemical process； the connoisseur a picture； the musician a symphony； perceive them with more vigorous attention than the layman； but the actual attention may be greater with the latter。'' For our own affair； it is enough to know that the judgment of the expert will naturally be better than that of the layman； his apprehension； however； is as a rule one…sided； not so far…reaching and less uncolored。 It is natural that every expert； especially when he takes his work seriously； should find most interest in that side of an event with which his profession deals。 Oversight of legally important matters is； therefore； almost inevitable。 I remember how an eager young doctor was once witness of an assault with intent to kill。 He had seen how in an inn the criminal had for some time threatened his victim with a heavy porcelain match…tray。 ‘‘The os parietale may here be broken；'' the doctor thought； and while he was thinking of the surgical consequences of such a blow； the thing was done and the doctor had not seen how the blow was delivered； whether a knife had been drawn by the victim； etc。 Similarly； during an examination concerning breaking open the drawer of a table； the worst witness was the cabinet…maker。 The latter was so much interested in the foreign manner in which the portions of the drawer had been cemented and in the curious wood； that he had nothing to say about the legally important question of how the break was made； what the impression of the damaging tool was； etc。 Most of us have had such experiences with expert witnesses； and most of us have also observed that they often give false evidence because they treat the event in terms of their own interest and are convinced that things must happen according to the principles of their trades。 However the event shapes itself； they model it and alter it so much that it finally implies their own apprehension。
‘‘Subconscious perceptions；'' somewhat altered； play another rle； according to Exner； in so…called orientation。 If anybody is able to orient himself； i。 e。； know where he is at any time and keep in mind the general direction； it is important to be aware of the fact when he serves as witness； for his information will； in consequence； take a different form and assume a different value。 Exner says of himself； that he knows at each moment of his climb of the Marcus' tower in what direction he goes。 As for me； once I have turned around； I am lost。 Our perceptions of location and their value would be very different if we had to testify concerning relations of places； in court。 But hardly anybody will assure the court that in general he orients himself well or ill。
As Exner says； ‘‘If； when walking； I suddenly stop in front of a house to look at it； I am definitely in possession； also； of the feeling of its distance from where I left the roadthe unconscious perception of the road beyond is here at work。'' It might； indeed； be compared with pure subconsciousness in which series of processes occur without our knowing it。
But local orientation does not end with the feeling for place。 It is at work even in the cases of small memories of location； e。 g。； in learning things by heart； in knowing on what page and on what line anything is printed； in finding unobserved things； etc。 These questions of perception…orientation are important； for there are people all of whose perceptions are closely related to their sense of location。 Much may be learned from such people by use of this specialty of theirs； while oversight thereof may render them hopeless as witnesses。 How far this goes with some peopleas a rule people with a sense of location are the more intelligentI saw some time ago when the Germanist Bernhardt Seuffert told me that when he did not know how anything is spelled he imagined its appearance； and when that did not help he wrote both the forms between which he was vacillating and then knew which one was the correct one。 When I asked him whether the chirographic image appeared printed or written and in what type； he replied significantly enough； ‘‘As my writing…teacher wrote it。'' He definitely localized the image on his writing book of many years ago and read it off in his mind。 Such specialties must be remembered in examining witnesses。
In conclusion； there is a word to say concerning Cattell's＇1＇ investigations of the time required for apprehension。 The better a man knows the language the more rapidly can he repeat and read its words。 It is for this reason that we believe that foreigners speak more rapidly than we。 Cattell finds this so indubitable； that he wants to use speed as a test in the examinations in foreign languages。
＇1＇ J。 M。 Cattell： ber die Zeit der Erkennung u。 Benemlung von Schrift etc。 （in Wundt's： Philosophischen Studien II； 1883）。
The time used in order to identify a single letter is a quarter of a second； the time to pronounce it one…tenth of a second。 Colors and pictures require noticeably more； not because they are not recognized； but because it is necessary to think what the right name is。 We are much more accustomed to reading words。
These observations might be carried a step further。 The more definitely an event to be described is conceived； the clearer the deduction and the more certain the memory of it； the more rapidly may it be reproduced。 It follows that； setting aside individual idiosyncrasies； the rapidity of speech of a witness will be of importance when we want to know how much he has thought on a question and is certain what he is going to say。 It is conceivable that a person who is trying to remember the event accurately will speak slowly and stutteringly； or at least with hesitation at the moment。 The same will occur if he tries to conceive of various possibilities； to eliminate some； and to avoid contradiction and improbability。 If； however； the witness is convinced and believes truly what he is telling； so that he may go over it in his mind easily and without interruption； he will tell his story as quickly as he can。 This may indeed be observed in public speakers； even judges； prosecutors； and defense； if anyone of them is not clear with regard to the case he represents； or not convinced of its correctness； he will speak slowly； if the situation is reversed he will speak rapidly。 Court and other public stenographers confirm this observation。
Topic 3。 IMAGINATION。 Section 45。
The things witnesses tell us have formerly existed in their imaginations； and the _*how_ of this existence determines in a large degree the _quale_ of what they offer us。 Hence； the n
