criminal psychology-第99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！
such as piety； love； loyalty； respect to what they have already learned； closer investigation discovers altogether too many instances of intellectual rigidity。
In our profession we meet the fact frequently that men pass much more easily from honesty to dishonesty； and vice versa； that they more easily change their habits； begin new plans； etc。 Generalizations； of course； can not be made； each case has to be studied on its merits。 Yet； even when questions of fact arise； e。 g。； in searching houses； it is well to remember the distinction。 Old letters； real corpora delicti； are much more likely to be found in the woman's box than in the man's。 The latter has destroyed the thing long ago； but the former may ‘‘out of piety'' have preserved for years even the poison she once used to commit murder with。
Section 74。 （b） Honesty。
We shall speak here only of the honesty of the sort of women the courts have most to do with； and in this regard there is little to give us joy。 Not to be honest； and to lie； are two different things； the latter is positive； the former negative； the dishonest person does not tell the truth； the liar tells the untruth。 It is dishonest to suppress a portion of the truth； to lead others into mistakes； to fail to justify appearances； and to make use of appearances。 The dishonest person may not have said a single untrue word and still have introduced many more difficulties； confusions and deceptions than the liar。 He is for this reason more dangerous than the latter。 Also； because his conduct is more difficult to uncover and because he is more difficult to conquer than the liar。 Dishonesty is； however； a specially feminine characteristic； and in men occurs only when they are effeminate。 Real manliness and dishonesty are concepts which can not be united。 Hence； the popular proverb says； ‘‘Women always tell the truth； but not the whole truth。'' And this is more accurate than the accusation of many writers； that women lie。 I do not believe that the criminal courts can verify the latter accusation。 I do not mean that women never liethey lie enough but they do not lie more than men do； and none of us would attribute lying to women as a sexual trait。 To do so； would be to confuse dishonesty with lying。
It would be a mistake to deal too sternly in court with the dishonesty of women； for we ourselves and social conditions are responsible for much of it。 We dislike to use the right names of things and choose rather to suggest； to remain in embarrassed silence； or to blush。 Hence； it is too much to ask that this round…aboutness should be set aside in the courtroom； where circumstances make straight talking even more difficult。 According to Lombroso；＇1＇ women lie because of their weaknesses； and because of menstruation and pregnancy； for which they have in conversation to substitute other illnesses； because of the feeling of shame； because of the sexual selection which compels them to conceal age； defects； diseases； because finally of their desire to be interesting； their suggestibility； and their small powers of judgment。 All these things tend to make them lie； and then as mothers they have to deceive their children about many things。 Indeed； they are themselves no more than children； Lombroso concludes。 But it is a mistake to suppose that these conditions lead to lying； for women generally acquire silence； some other form of action； or the negative propagation of error。 But this is essentially dishonesty。 To assert that deception； lying； have become physiological properties of women is； therefore； wrong。 According to Lotze； women hate analysis and hence can not distinguish between the true and the false； but then women hate analysis only when it is applied to themselves。 A woman does not want to be analyzed herself simply because analysis would reveal a great deal of dishonesty； she is therefore a stranger to thorough…going honest activity。 But for this men are to blame。 Nobody； as Flaubert says； tells women the truth。 And when once they hear it they fight it as something extraordinary。 They are not even honest with themselves。 But this is not only true in general； it is true also in particular cases which the court room sees。 We ourselves make honesty difficult to women before the court。 Of course； I do not mean that to avoid this we are to be rude and shameless in our conversation with women； but it is certain that we compel them to be dishonest by our round…about handling of every ticklish subject。 Any half…experienced criminal justice knows that much more progress can be made by simple and absolutely open discussion。 A highly educated woman with whom I had a frank talk about such a matter； said at the end of this very painful sitting； ‘‘Thank God； that you spoke frankly and without pruderyI was very much afraid that by foolish questions you might compel me to prudish answers and hence； to complete dishonesty。''
＇1＇ Loco cit。
We have led women so far by our indirection that according to Stendthal； to be honest； is to them identical with appearing naked in public。 Balzac asks； ‘‘Have you ever observed a lie in the attitude and manner of woman？ Deceit is as easy to them as falling snow in heaven。'' But this is true only if he means dishonesty。 It is not true that it is easy for women really to lie。 I do not know whether this fact can be proven； but I am sure the feminine malease in lying can be observed。 The play of features； the eyes； the breast； the attitude； betrays almost always even the experienced female offender。 Now； nothing can reveal the play of her essential dishonesty。 If a man once confesses； he confesses with less constraint than a woman； and he is less likely； even if he is very bad； to take advantage of false favorable appearances； while woman accepts them with the semblance of innocence。 If a man has not altogether given a complete version； his failure is easy to recognize by his hesitation； but the opinions of woman always have a definite goal； even though she should tell us only a tenth of what she might know and say。
Even her simplest affirmation or denial is not honest。 Her ‘‘no'' is not definite； e。 g。； her ‘‘no'' to a man's demands。 Still further； when a man affirms or denies and there is some limitation to his assertion。 He either announces it expressly or the more trained ear recognizes its presence in the failure to conclude； in a hesitation of the tone。 But the woman says ‘‘yes'' and ‘‘no；'' even when only a small portion of one or the other asserts a truth behind which she can hide herself； and this is a matter to keep in mind in the courtroom。
Also the art of deception or concealment depends on dishonesty rather than on pure deceit； because it consists much more in the use of whatever is at hand； and in suppression of material； than on direct lies。 So； when the proverb says that a woman was ill only three times during the course of the year； but each time for four months； it will be unjust to say that she intentionally denies a year… long illness。 She does not； but as a matter of fact； she is ill at least thirteen times a year； and besides； her weak physique causes her to feel frequently unwell。 So she does not lie about her illness。 But then she does not immediately announce her recovery and permits people to nurse and protect her even when she has no need of it。 Perhaps she does so because； in the course of the centuries； she found it necessary to magnify her little troubles in order to protect herself against brutal men； and had； therefore； to forge the weapon of dishonesty。 So Schopenhauer agrees： ‘‘Nature has given women only one means of protection and defencehypocrisy； this is congenital with them； and the use of it is as natural as the animal's use of its claws。 Women feel they have a certain degree of justification for their hypocrisy。''
With this hypocrisy we have； as lawyers； to wage a constant battle。 Quite apart from the various ills and diseases which women assume before the judge； everything else is pretended； innocence； love of children； spouses； and parents； pain at loss and despair at reproaches； a breaking heart at separation； and piety；in short； whatever may be useful。 This subjects the examining justice to the dangers and difficulties of being either too harsh； or being fooled。 He can save himself much trouble by remembering that in this simulation there is much dishonesty and few lies。 The simulation is rarely thorough…going； it is an intensification of something actually there。
And now think of the tears which are wept before every man； and not least； before the criminal judge。 Popular proverbs tend to undervalue； often to distrust tearful women。 Mantegazza＇1＇ points out that every man over thirty can recall scenes in which it was difficult to determine how much of a woman's tears meant real pain； and how much was voluntarily shed。 In the notion that tears represent a mixture of poetry and truth； we shall find the correct solution。 It would be interesting to question female virtuosos in tears （when women see that they can really teach they are quite often honest） about the matter。 The questioner would inevitably learn that it is impossible to weep at will and without reason。 Only a child can do that。 Tears require a
