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criminal psychology-及127何蛍

酔楯荷恬: 梓囚徒貧圭鮗 ○ 賜 ★ 辛酔堀貧和鍬匈 梓囚徒貧議 Enter 囚辛指欺云慕朕村匈 梓囚徒貧圭鮗 ● 辛指欺云匈競何! 泌惚云慕短嗤堋響頼誅卒亮茂俊彭堋響辛聞喘貧圭 "辺茄欺厘議箝誓匂" 孔嬬 才 "紗秘慕禰" 孔嬬


selves more and more among uneducated people who are not habituated to the limitation of their emotional expression by reference to the forms of the world of fashion。 Without this control察every stimulation intensifies the emotion察since every natural expression adds to its vividness。 The irritability taken in itself is at this stage less dominant察inasmuch as the drinker is at the same time satisfied with himself察and the self´satisfaction makes the irritability endurable。 Only some accidental circumstance can intensify and spread this irritability。 Such circumstances intensify the drunkard s liveliness and lead to the outbreak of merriment approximating upon hilarity察then to a verbal quarrel察which need not yet be a real quarrel and may be conducted in all friendship。 It seems that in most cases the irritability is excited through the fact that the drunkard's self´satisfaction speedily lapses察or that he is disturbed in doing things about which he is conceited。 Now so long as the intoxication does not exceed this stage察its effects and the outbreaks of its passions may be suppressed。 The drinker is here still self´possessed and is not likely to lose control of himself unless he is progressively excited thereto。 

``In the next period of intoxication察the drunkard still has his senses察although察all in all察they are considerably weaker than usual察and he is somewhat beside himself。 Memory and understanding have quite left him。 Hence察he acts as if the present moment were the only one察the idea of the consequences of his actions having no effect upon him because he no longer sees the connection between the two。 And since his whole past has disappeared from his mind he can not consider his more remote circumstances。 He acts察therefore察as he might if the memories of his circumstances and ideas of the consequences of his actions did not control his conduct察and lead him to rule himself。 The slightest excitation may awaken all his strongest passion which then carry him away。 Again察the slightest excuse may turn him from what he has in mind。 In this condition he is much more dangerous to himself and others because he is impelled not only by the irresistible force of his passions察but because察also察he rarely knows what he is doing and must be considered a pure fool。

``In the last period察the drunkard has so lost his senses that he has no more idea of his external environment。''

With regard to particular conditions察it may be held that the quantity of drink is indifferent。 Apart from the fact that we know nothing about the quantity of alcohol a man has taken when we hear merely about so and so many liters of wine or so and so much brandy察the influence of quantities is individual察and no general rule whatever can be laid down。 As a matter of fact察there are young and powerful men who may become quite foolish on half a glass of wine察especially when they are angry察frightened察or otherwise excited察and there are weak old people who can carry unbelievable quantities。 In short察the question of quantity is altogether foolish。 The appearance and constitution of an individual offers as little ground for inference as quantity。 The knowledge of a man's regular attitude toward the consumption of alcohol is a safer guide。 Hellenbach asserts that wine has always the same influence on the same individual察one always becomes more loquacious察another more silent察a third more sad察a fourth merrier。 And up to a certain limit this is true察but there is always the question of what the limit is察inasmuch as many individuals pass through different emotional conditions at different stages。 It often happens that a person in the first stage who wants to ``embrace the world and kiss everybody'' may change his mood and become dangerous。 Thus察anybody who has seen him several times in the first stage may make the mistake of believing that he  can not pass it。 In this direction explanations must be made very carefully if they are not to be false and deceptive。

It is important察also察to know how a man drinks。 It is known that a small quantity of wine can intoxicate if it is soaked up with bread which is repeatedly dipped into the wine。 Wine drunk in the cellar works with similar vigor if one laughs察is merry察is vexed察while drinking察or if a large variety of drinks is taken察or if they are taken on an empty stomach。 For the various effects of alcohol察and for its effects on the same person under different conditions察see Mnsterberg's ``Beitrage zur Experimentellen Psychologie'' Heft IV。

The effect of alcohol on memory is remarkable in so far as it often happens that many people lose their memory only with respect to a single very narrow sphere。 Many are able to remember everything except their names察others everything except their residence察still others everything except the fact that they are married察and yet others every person except their friends though they know all the policemen察and the last class are mistaken about their own identity。 These things are believed like many another thing察when told by a friend察but never under any circumstances when the defendant tells them in the court room。


Section 112。 c Suggestion。

The problems of hypnotism and suggestion are too old to permit the mere mention of a few books察and are too new to permit the interpretation of the enormous literature。 In my ``Manual for Examining Judges'' I have already indicated the relation of the subject to criminal law察and the proper attitude of criminalists to it。 Here we have only to bear in mind the problem of characteristic suggestion察the influence of the judge on the witnesses察the witnesses upon each other察the conditions upon the witnesses。 And this influence察not through persuasion察imagination察citation察but through those still unexplained remote effects which may be best compared with ``determining。'' Suggestion is as widespread as language。 We receive suggestions through the stories of friends察through the examples of strangers察through our physical condition察through our food察through our small and large experiences。 Our simplest actions may be due to suggestion and the whole world may appear subject to the suggestion of a single individual。 As Emerson says somewhere察nature carries out a task by creating a genius for its accomplishment察if you follow the genius you will see what the world cares about。 

This multiple use of the word ``suggestion'' has destroyed its early intent。 That made it equivalent to the term ``suggestive question。'' The older criminalists had a notion of the truth察and have rigorously limited the putting of suggestive questions。 At the same time察Mittermaier knew that the questioner was frequently unable to avoid them and that many questions had to suggest their answers。 If察for example察a man wants to know whether A had made a certain statement in the course of a long conversation察he must ask察for good or evil察 `Has A said that 。 。 。 ''

Mittermaier's attitude toward the problem shows that he had already seen twenty´five years ago that suggestive questions of this sort are the most harmless察and that the difficulty really lies in the fact that witnesses察experts察and judges are subject察especially in great and important cases察to the influence of public opinion察of newspapers察of their own experiences察and finally察of their own fancies察and hence give testimony and give judgments in a way less guided by the truth than by these influences。

This difficulty has been made clear by the Berchthold murder´ trial in Mnchen察in which the excellent psychiatrists Schrenck´ Notzing and Grashey had their hands full in answering and avoiding questions about witnesses under the influence of suggestion。1АThe development of this trial showed us the enormous influence of suggestion on witnesses察and again察how contradictory are the opinions concerning the determination of its valuewhether it is to be determined by the physician or by the judge察and finally察how little we know about suggestion anyway。 Everything is assigned to suggestion。 In spite of the great literature we still have too little material察too few observations察and no scientifically certain inferences。 Tempting as it is to study the influence of suggestion upon our criminalistic work察it is best to wait and to give our attention mainly to observation察study察and the collection of material。2


1АSchrenck´Notzing此ber Suggestion u。 Errinerungsflsehung im Berehthold´ Prozess。 Leipzig 1897。

2А51。 Dessoir Bibliographie des modernen Hypnotismus。 Berlin 1890。  W。 Hirsch此Die Mensehliche Verantwortlie it u。 die moderne Suggestionslehre。 Berlin 1896。  L。 Drucker此Die Suggestion u。 Ihre forense Bedeutung。 Vienna 1S93。  A。 Cramer。 Gerichtliche Psychiatrie。 Jena 1897。  Berillon Les faux temoignages suggs。 Rev。 de l'hypnot。 VI察203。  C。 de Lagrave此L'autosuggestion naturelle。 Rev de I hypnot。 XIV察257。  B。 Sidis此The Psychology of Suggestion。



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APPENDIX A。

_Bibliography including texts more easily within the reach of English readers_。

ABBOTT察A。 Brief for the Trial of Criminal Causes。 New York察1889 2d ed。察Rochester察1902。 ABBOTT察B。 V。 Judgell and Jury。 New York察1880。 ANTONINI察G。 Studi di psicopatologia forense。 1901。 ARCHER察T。 The Pauper察the Thief and the Convict察Sketches of Names察Haunts and Habits。 London察1865察ARNOLD察G。 F。 Psychology applied to Legal Evidence and other Con´ structions of Law。 New York & Calcutta察1906。 AsCHAFFENBURG察G。 Das Verbrechen und seine Bekimpfung察Kriminal´ psychologie fr Mediziner察Juristen und Soziologen察ein Beitrag zur Reform der Strafgesetzgebung。 Heidelberg察1903察9。d ed。察1906。 ASCHAFFENBURG察G。察SCHULTZE察E。察and WALLENBERG。 Handbuch der gerichtlichen Psychiatrie。 Berlin察1901。

BATTAGLIA。 La dinamica del delitto。 Napoli察1886。 BECK察T。 R。 and J。 B。 Elements of Medical Jurisprudence。 5th ed。 Phila´ delphia察1835。 7th ed。察1838。 10th ed。察1850。 11th ed。察1860。 12th ed。察1863。 BEGGS察T。 Extent and Causes of Juvenile Depravity。 London察1849。 BELL察J。 S。 The Use and Abuse of Expert Testimony。 Philadelphia察1879。 BENEKE察H。 F。 Gefiingnisstudien ´mit besonderer Berficksichtigung der Seelsorge im。 Untersuchungsgefdngni
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