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criminal psychology-第13章

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et for him; merely that since it is our business to get at the truth; we ought to proceed in such proper wise with a denying accused as might bring to light facts that otherwise careful manipulation would not have brought out。 How often have anonymous or pseudonymous criminals betrayed themselves under examination just because they spoke of circumstances involving their capital _*I_; and spoke so clearly that now the clue was found; it was no longer difficult to follow it up。 In the examination of well…known criminals; dozens of such instances occurthe fact is not new; but it needs to be made use of。 

A similar motive belongs to subordinate forms of egoism the obstinacy of a man who may be so vexed by contradiction as to drive one into despair; and who under proper treatment becomes valuable。 This I learned mainly from my old butler; a magnificent honest soldier; a figure out of a comedy; but endowed with inexorable obstinacy against which my skill for a long time availed nothing。 As often as I proposed something with regard to some intended piece of work or alteration; I got the identical reply‘‘It won't do; sir。'' Finally I got hold of a list and worked my plan‘‘Simon; this will now be done as Simon recently said it should be done; namely。'' At this he looked at me; tried to think when he had said this thing; and went and did it。 And in spite of frequent application this list has not failed once for some years。 What is best about it is that it will serve; mutatis mutandis; with criminals。 As soon as ever real balkiness is noted; it becomes necessary to avoid the least appearance of contradictoriness; since that increases difficulties。 It is not necessary to lie or to make use of trickery。 Only; avoid direct contradiction; drop the subject in question; and return to it indirectly when you perceive that the obstinate individual recognizes his error。 Then you may succeed in building him a golden bridge; or at least a barely visible sidedoor where he can make his retreat unnoticed。 In that case even the most difficult of obstinates will no longer repeat the old story。 He will repeat only if he is pressed; and this although he is repeatedly brought back to the point。 If; however; the matter is once decided; beware of returning to it without any other reason; save to confirm the settled matter quite completely;that would be only to wake the sleeper to give him a sleeping powder。

Speaking generally; the significant rule is this: _Egoism; laziness and conceit are the only human motives on which one may unconditionally depend_。 Love; loyalty; honesty; religion and patriotism; though firm as a rock; may lapse and fall。 A man might have been counted on for one of these qualities ten times with safety; and on the eleventh; he might collapse like a house of cards。 Count on egoism and laziness a hundred or a thousand times and they are as firm as ever。 More simply; count on egoismfor laziness and conceit are only modifications of egoism。 The latter alone then should be the one human motive to keep in mind when dealing with men。 There are cases enough when all the wheels are set in motion after a clue to the truth; i。 e。; when there is danger that the person under suspicion is innocent; appeals to honor; conscience; humanity and  religion fail;but run the complete gamut of self…love and the whole truth rings clear。 Egoism is the best criterion of the presence of veracity。 Suppose a coherent explanation has been painfully constructed。 It is obvious that the correctness of the construction is studied with reference to the given motive。 Now; if the links in the chain reach easily back to the motive; there is at least the possibility that the chain is free of error。 What then of the motive? If it is noblefriendship; love; humaneness; loyalty; mercythe constructed chain may be correct; and happily is so oftener than is thought; but it _*need not_ be correct。 If; however; the structure rests on egoism; in any of its innumerable forms? and if it is logically sound; then the whole case is explained utterly and reliably。 The construction is indubitably correct。


Section 8。 (f) Secrets。


The determination of the truth at law would succeed much less frequently than it does if it were not for the fact that men find it very difficult to keep secrets。 This essentially notable and not clearly understood circumstance is popularly familiar。 Proverbs of all people deal with it and point mainly to the fact that keeping secrets is especially difficult for women。 The Italians say a woman who may not speak is in danger of bursting; the Germans; that the burden of secrecy affects her health and ages her prematurely; the English say similar things still more coarsely。 Classical proverbs have dealt with the issue; numberless fairy tales; narratives; novels and poems have portrayed the difficulty of silence; and one very fine modern novel (Die Last des Schweigens; by Ferdinand Krnberger) has chosen this fact for its principal motive。 The universal difficulty of keeping silence is expressed by Lotze'1' in the dictum that we learn expression very young and silence very late。 The fact is of use to the criminalist not only in regard to criminals; but also with regard to witnesses; who; for one reason or another; want to keep something back。 The latter is the source of a good deal of danger; inasmuch as the witness is compelled to speak and circles around the secret in question without touching it; until he points it out and half reveals it。 If he stops there; the matter requires consideration; for ‘‘a half truth is worse than a whole lie。'' The latter reveals its subject and intent and permits of defence; while the half truth may; by association and circumscriptive limitations; cause vexatious errors both as regards the identity of the semi…accused

'1' Lotze: Der Instinkt。 Kleine Schriften。 Leipzig 1885。

 and as regards the circumstances with which he is thus involved。 For this reason the criminalist must consider the question of secrets carefully。

As for his own silence; this must be considered in both directions That he is not to blab official secrets is so obvious that it need not be spoken of。 Such blabbing is so negligent and dishonorable that we must consider it intrinsically impossible。 But it not infrequently happens that some indications are dropped or persuaded out of a criminal Judge; generally out of one of the younger and more eager men。 They mention only the event itself; and not a name; nor a place; nor a particular time; nor some even more intimate matter there seems no harm done。 And yet the most important points have often been blabbed of in just such a way。 And what is worst of all; just because the speaker has not known the name nor anything else concrete; the issue may be diverted and enmesh some guiltless person。 It is worth considering that the effort above mentioned is made only in the most interesting cases; that crimes especially move people to disgusting interest; due to the fact that there is a more varied approach to synthesis of a case when the same story is repeated several times or by various witnesses。 For by such means extrapolations and combinations of the material are made possible。 By way of 
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