criminal psychology-第29节
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red innocent。 Anybody who studies the matter may observe that these manifestations are made by a very large number of jurymen with sufficient clearness to make it possible to count the votes and predict the verdict。 I remember vividly in this regard a case that occurred many years ago。 Three men； a peasant and his two sons； were accused of having killed an imbecile who was supposed to have boarded in their house。 The jury unanimously declared them guiltless； really because of failure； in spite of much effort； to find the body of the victim。 Later a new witness appeared； the case was taken up again； and about a year after the first trial； a second took place。 The trial consumed a good many days； in which the three defendants received a flood of anonymous letters which called attention mostly to the fact that there was in such and such a place an unknown imbecile woman who might be identical with the ostensible murdered person。 For that reason the defendant appealed for a postponement of the trial or immediate liberation。 The prosecutor of the time fought the appeal but held that so far as the case went （and it was pretty bad for the prosecution）； the action taken with regard to the appeal was indifferent。 ‘‘The mills of the gods grind slowly；'' he concluded in his oration； ‘‘a year from now I shall appear before the jury。'' The expression of this rock…bound conviction that the defendants were guilty； on the part of a man who； because of his great talent； had tremendous influence on juries； caused an astounding impression。 The instant he said it one could see in most of the jurymen clearest signs of absolute resolution and the defendants were condemned from that moment。
Correlated with the signs of resolution are those of astonishment。 ‘‘The hands are raised in the air；'' says Darwin； ‘‘and the palm is laid on the mouth。'' In addition the eyebrows are regularly raised； and people of not too great refinement beat their foreheads and in many cases there occurs a slight； winding movement of the trunk； generally toward the left。 The reason is not difficult to find。 We are astonished when we learn something which causes an inevitable change in the familiar course of events。 When this occurs the hearer finds it necessary； if events are simple； properly to get hold of it。 When I hear that a new Niebelungen manuscript has been discovered； or a cure for leprosy； or that the South Pole has been reached； I am astonished； but immediate conception on my part is altogether superfluous。 But that ancient time in which our habitual movements came into being； and which has endured longer； incomparably longer than our present civilization； knew nothing whatever of these interests of the modern civilized human being。 What astonished people in those days were simple； external； and absolutely direct novelties： that a flood was coming； that game was near the camp； that inimical tribes had been observed； etc。in short； events that required immediate action。 From this fact spring our significant movements which must hence be perceivably related to the beginning of some necessary action。 We raise our hands when we want to jump up； we elevate our eyebrows when we look up； to see further into the distance； we slap our foreheads in order to stimulate the muscles of our legs； dormant because of long sitting； we lay the palms of our hands on our mouths and turn the trunk because we discover in the course of life rather more disagreeable than pleasant things and hence we try to keep them out and to turn away from them。 And astonishment is expressed by any and all of these contradictory movements。
In law these stigmata are significant when the person under examination ought to be astonished at what is told him but for one reason or another does not want to show his astonishment。 This he may hide in words； but at least one significant gesture will betray him and therefore be of considerable importance in the case。 So； suppose that we present some piece of evidence from which we expect great results； if they do not come we may perhaps have to take quite another view of the whole case。 It is hence important not to be fooled about the effect； and that can be accomplished only through the observation of the witnesses' gestures； these being much more rarely deceptive than words。
Scorn manifests itself in certain nasal and oral movements。 The nose is contracted and shows creases。 In addition you may count the so…called sniffing； spitting； blowing as if to drive something away； folding the arms； and raising the shoulders。 The action seems to be related to the fact that among savage people； at least； the representation of a worthless； low and despicable person is brought into relation with the spread of a nasty odor： the Hindoo still says of a man he scorns； ‘‘He is malodorous。'' That our ancestors thought similarly； the movement of the nose； especially raising it and blowing and sniffing； makes evident。 In addition there is the raising of the shoulders as if one wanted to carry the whole body out of a disgusting atmospherethe conduct； here； is briefly the conduct of the proud。 If something of the sort is observable in the behavior of a witness it will； as a rule； imply something good about him： the accused denies thereby his identity with the criminal； or he has no other way of indicating the testimony of some damaging witness as slander； or he marks the whole body of testimony； with this gesture； as a web of lies。
The case is similar when a witness so conducts himself and expresses scorn。 He will do the latter when the defendant or a false witness for the defense accuses him of slander； when indelicate motives are ascribed to him； or earlier complicity with the criminal； etc。 The situations which give a man opportunity to show that he despises anybody are generally such as are to the advantage of the scorner。 They are important legally because they not only show the scorner in a good light but also indicate that the scorn must be studied more closely。 It is； of course； naturally true that scorn is to a great degree simulated； and for that reason the gestures in question must be attentively observed。 Real scorn is to be distinguished from artificial scorn almost always by the fact that the latter is attended by unnecessary smiling。 It is popularly and correctly held that the smile is the weapon of the silent。 That kind of smile appears； however； only as defense against the less serious accusations； or perhaps even more serious ones； but obviously never when evil consequences attendant on serious accusations are involved。 If indubitable evil is in question； no really innocent person smiles； for he scorns the person he knows to be lying and manifests other gestures than the smile。 Even the most confused individual who is trying to conceal his stupidity behind a flat sort of laughter gives this up when he is so slandered that he is compelled to scorn the liar； only the simulator continues to smile。 If； however； anybody has practiced the manifestation of scorn he knows that he is not to smile； but then his pose becomes theatrical and betrays itself through its exaggeration。
Not far from scorn are defiance and spite。 They are characterized by baring the canine teeth and drawing together the face in a frown when turning toward the person upon whom the defiance or spite is directed。 I believe that this image has got to be variously filled out by the additional fact that the mouth is closed and the breath several times forced sharply through the nostrils。 This arises from the combination of resolution and scorn； these being the probable sources of defiance and spite。 As was explained in the discussion of resolution； the mouth is bound to close； spite and defiance are not thinkable with open mouth。 Scorn； moreover； demands； as we have shown； this blowing； and if the blowing is to be done while the mouth is closed it must be done through the nose。
Derision and depreciation show the same expressions as defiance and spite； but in a lesser degree。 They all give the penologist a good deal to do； and those defendants who show defiance and spite are not unjustly counted as the most difficult we have to deal with。 They require； above all； conscientious care and patience； just indeed because not rarely there are innocents among them。 This is especially so when a person many times punished is accused another time； perhaps principally because of his record。 Then the bitterest defiance and almost childish spite takes possession of him against ‘‘persecuting'' mankind； particularly if； for the nonce； he is innocent。 Such persons turn their spite upon the judge as the representative of this injustice and believe they are doing their best by conducting themselves in an insulting manner and speaking only a few defiant words with the grimmest spite。 Under such circumstances it is not surprising that the inexperienced judge considers these expressions as the consequences of a guilty conscience； and that the spiteful person may blame himself for the results of his defiant conduct。 He therefore pays no more attention to the unfortunate。 How this situation may lead to an unjust sentence is obvious。 But whether the person in question is guilty or not guilty； it is the
