criminal psychology-第75节
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＇1＇ H。 Mnsterberg： Beitrage I…IV。 Freiburg 1882…1892。
But even this account does not account for certain difficulties； because some associations are simply set aside； although they should have occurred。 Man is inclined； according to Stricker； to inhibit associations which are not implied in his ‘‘funded'' complexes。
If we find direct contradiction with regard to associations； the way out is not easy。 We have then； first； to consider how； by comparatively remote indirection； to introduce those conditions into the ‘‘funded'' complex； which will give rise to the association。 But such a consideration is often a big problem in pedagogy； and we are rarely in the position of teaching the witness。
There is still the additional difficulty that we frequently do not know the circumstance with the help of which the witness has made his association。 Thomas Hobbes tells the story of an association which involved a leap from the British Civil War to the value of a denarius under the Emperor Tiberius。 The process was as follows： King Charles I was given up by the Scotch for 200；000； Christ was sold for 80 denarii； what then was a denarius worth？ In order to pursue the thread of such an association； one needs； anyway； only a definite quantity of historical knowledge； but this quantity must be possessed。 But such knowledge is a knowledge of universal things that anybody may have； while the personal relations and purely subjective experiences which are at the command of an individual are quite unknown to any other person； and it is often exceedingly difficult to discover them。＇1＇ The case is simplest when one tries to aid the memory of a witness in order to make him place single dates； e。 g。； when the attempt is made to determine some time and the witness is reminded of certain events that occurred during the time in question in order to assist him in fixing the calendar time。 Or again； when the witness is brought to the place of the crime and the individual conditions are associated with the local situation。 But when not merely single dates are to be associated； when complete events are to be associated； a profound knowledge of the situation must precede； otherwise no association is successful； or merely topsy…turvy results are attained。 The difficulties which here ensue depend actually upon the really enormous quantity of knowledge every human being must possess in making use of his senses。 Anything that a man has learned at school； in the newspapers； etc。； we know approximately； but we have no knowledge of what a man has thought out for himself and what he has felt in his localized conditions； e。 g。； his home； his town； his travels； his relations and their experiences； etc。However important this may be； we have no means of getting hold of it。
＇1＇ A。 Mayer and J。 Orth： Zur qualitativen Untersuchung der Assoziation。 Ztschrft。 f。 Psychol。 u。 Physiol。 der Sinnesorgane； XXVI； 1； 1901。
Those associations which have physical expression are of importance only in particular cases。 For example； the feeling of ants all over the body when you think that you have been near an ant… hill； or the feeling of physical pain on hearing the description of wounds。 It is exceedingly funny to see how； during the lectures of dermatologists； the whole audience scratches that part of the body which is troubling the patient who is being described。
Such associations may be legally valuable in so far as the accused who plead innocence make unconscious movements which imply the denied wounds。 In any event； it is necessary to be cautious because frequently the merely accurate description of a wound may bring about the same effect in nervous persons as the sight of that wound。 If； however； the wound is not described and even its place not mentioned； and only the general harm is spoken of； then if the accused reaches for that part of his body in which the wound of his victim is located； you have a clew； and your attention should be directed upon it。 Such an index is worth no more； but even as a clew it has some value。
All in all； we may say that the legally significant direction of association falls in the same class with ‘‘getting an idea。'' We need association for the purpose of constructing an image and an explanation of the event in question； something must ‘‘occur to us。'' We must ‘‘get an idea；'' if we are to know how something happened。 We need association； moreover； in order to discover that something has occurred to the witness。
‘‘Getting an idea'' or ‘‘occurrence'' is essentially one and the same in all its forms。 We have only to study its several manifestations：
1。 ‘‘Constructive occurrence；'' by means of which the correct thing may possibly be discovered in the way of combining； inferring； comparing and testing。 Here the association must be intentional and such ideas must be brought to a fixed image； which may be in such wise associated with them as to make a result possible。 Suppose； e。 g。； that the case is one of arson； and the criminal is unknown。 Then we will require the plaintiff to make local； temporal； identifying； and contrasting associations with the idea of all and each of his enemies； or of discharged servants； beggars； etc。 In this wise we can attain to other ideas； which may help us to approach some definite theory。
2。 ‘‘Spontaneous occurrence'' in which a thought appears with apparent suddenness for no particular reason。 As a matter of fact； such suddenness is always caused by some conscious； and in most cases； some unconscious association； the thread of which can not be later sought out and exhibited because of its being subconscious； or of its being overleaped so quickly and readily that it can not be traced。 Very often some particular sense…perception exercises an influence which unites simultaneous ideas； now here again united。 Suppose once during some extraordinary sound； e。 g。； the ringing of a bell； which I do not often hear； I had seen somebody。 Now when I hear that bell ringing I will think of the person without perhaps knowing the definite associationi。 e。； the connection of the man with the tone of the bell occurs unconsciously。 This may go still further。 That man； when I first saw him； might have worn； perhaps； a red necktie； let us say poppy…redit may now happen that every time I hear that bell…note I think of a field of poppy…flowers。 Now who can pursue this road of association？
3。 ‘‘Accluding occurrence；'' in which； in the process of the longest possible calm retention of an idea； another appears of itself and associates with the first。 E。 g。； I meet a man who greets me although I do not recognize him。 I may perhaps know who he is； but I do not spontaneously think of it and can not get at his identity constructively； because of lack of material。 I therefore expect something from this ‘‘accluding occurrence'' and with my eyes shut I try as long as possible to keep in mind the idea of this man。 Suddenly； I see him before me with serious face and folded hands； on his right a similar individual and a similar one on his left； above them a high window with a curtainthe man was a juryman who sat opposite me。 But the memory is not exhausted with this。 I aim to banish his image as seated and keep him again before my eyes。 I see an apparent gate beyond him with shelves behind； it is the image of a shop…keeper in a small town who is standing before the door of his shop。 I hold this image straining before my eyes suddenly a wagon appears with just that kind of trapping which I have only once seen to deck the equipage of a land…owner。 I know well who this is； what the little town near his estate is called； and now I suddenly know that the man whose name I want to remember is the merchant X of Y who once was a juryman in my court。 This means of the longest possible retention of an idea； I have made frequent use of with the more intelligent witnesses （it rarely succeeds with women because they are restless）； and all in all； with surprising effects。
4。 ‘‘Retrospective occurrence；'' which consists of the development of associations backward。 E。 g。do what I will； I can not remember the name of a certain man； but I know that he has a title to nobility； which is identical with the name of a small town in Obertfalz。 Finally； the name of the town Hirschau occurs to me； and now I easily associate backwards； ‘‘Schaller von Hirschau。'' It is； of course； natural that words should unroll themselves forwards with habitual ease； but backwards only when we think of the word we are trying to remember； as written； and then associate the whole as a MS。 image。 This is unhappily difficult to use in helping another。
Topic 6。 RECOLLECTION AND MEMORY。
Section 51。
In direct connection with the association of ideas is our recollection and memory； which are only next to perception in legal importance in the knowledge of the witness。 Whether the witness _*wants_ to tell the truth is； of course； a question which depends upon other matters； but whether he _*can_ tell the truth depends upon perception and memory。 Now the latter is a highly complicated and variously organized function which is difficult to understand； even in the daily life； and much more so when everything depends upon whether the witness
