criminal psychology-第141节
按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
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； every stimulation intensifies the emotion； since every natural expression adds to its vividness。 The irritability taken in itself is at this stage less dominant； inasmuch as the drinker is at the same time satisfied with himself； 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； then to a verbal quarrel； 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； or that he is disturbed in doing things about which he is conceited。 Now so long as the intoxication does not exceed this stage； 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； the drunkard still has his senses； although； all in all； they are considerably weaker than usual； and he is somewhat beside himself。 Memory and understanding have quite left him。 Hence； he acts as if the present moment were the only one； 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； therefore； as he might if the memories of his circumstances and ideas of the consequences of his actions did not control his conduct； and lead him to rule himself。 The slightest excitation may awaken all his strongest passion which then carry him away。 Again； 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； but because； also； he rarely knows what he is doing and must be considered a pure fool。
‘‘In the last period； the drunkard has so lost his senses that he has no more idea of his external environment。''
With regard to particular conditions； 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； the influence of quantities is individual； and no general rule whatever can be laid down。 As a matter of fact； there are young and powerful men who may become quite foolish on half a glass of wine； especially when they are angry； frightened； or otherwise excited； and there are weak old people who can carry unbelievable quantities。 In short； 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； one always becomes more loquacious； another more silent； a third more sad； a fourth merrier。 And up to a certain limit this is true； but there is always the question of what the limit is； 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； 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； also； 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； is merry； is vexed； while drinking； or if a large variety of drinks is taken； or if they are taken on an empty stomach。 For the various effects of alcohol； and for its effects on the same person under different conditions； 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； others everything except their residence； still others everything except the fact that they are married； and yet others every person except their friends （though they know all the policemen）； and the last class are mistaken about their own identity。 These things are believed like many another thing； when told by a friend； 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； 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； and the proper attitude of criminalists to it。 Here we have only to bear in mind the problem of characteristic suggestion； the influence of the judge on the witnesses； the witnesses upon each other； the conditions upon the witnesses。 And this influence； not through persuasion； imagination； citation； 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； through the examples of strangers； through our physical condition； through our food； 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； nature carries out a task by creating a genius for its accomplishment； 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； and have rigorously limited the putting of suggestive questions。 At the same time； Mittermaier knew that the questioner was frequently unable to avoid them and that many questions had to suggest their answers。 If； for example； a man wants to know whether A had made a certain statement in the course of a long conversation； he must ask； for good or evil； ‘‘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； and that the difficulty really lies in the fact that witnesses； experts； and judges are subject； especially in great and important cases； to the influence of public opinion； of newspapers； of their own experiences； and finally； of their own fancies； 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； 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。＇1＇ The development of this trial showed us the enormous influence of suggestion on witnesses； and again； how contradictory are the opinions concerning the determination of its valuewhether it is to be determined by the physician or by the judge； and finally； how little we know about suggestion anyway。 Everything is assigned to suggestion。 In spite of the great literature we still have too little material； too few observations； and no scientifically certain inferences。 Tempting as it is to study the influence of suggestion upon our criminalistic work； it is best to wait and to give our attention mainly to observation； study； and the collection of material。＇2＇
＇1＇ Schrenck…Notzing： ber Suggestion u。 Errinerungsflsehung im Berehthold… Prozess。 Leipzig 1897。
＇2＇ 51。 Dessoir Bibliographie des modernen Hypnotismus。 Berlin 1890。 W。 Hirsch： Die Mensehliche Verantwortlie it u。 die moderne Suggestionslehre。 Berlin 1896。 L。 Drucker： Die Suggestion u。 Ihre forense Bedeutung。 Vienna 1S93。 A。 Cramer。 Gerichtliche Psychiatrie。 Jena 1897。 Berillon Les faux temoignages suggs。 Rev。 de l'hypnot。 VI； 203。 C。 de Lagrave： L'autosuggestion naturelle。 Rev de I hypnot。 XIV； 257。 B。 Sidis： The Psychology of Suggestion。
｛The remainder of this etext is 〃raw〃 OCR output！！｝
APPENDIX A。
_Bibliography including texts more easily within the reach of English readers_。
ABBOTT； A。 Brief for the Trial of Criminal Causes。 New York； 1889 2d ed。； Rochester； 1902。 ABBOTT； B。 V。 Judgell and Jury。 N
