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criminal psychology-第133章

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er; and when the individual is so depraved as no longer to  have good principles; their place is taken by fear of discovery and punishment; and by the question whether the advantage to be gained is worth the effort; etc。 The commission of the crime is itself evidence that the reasons for it were all…powerful。 Now suppose that a woman gets the idea of killing somebody。 Here for a time _pro_ and _contra_ will balance each other; and when the latter are outweighed she will think that she _*must_ commit murder。 If she does not think so she will not do so。 Now; every murder; save that by poison; requires courage; the power to do; and physical strength。 As woman does not possess these qualities; she spontaneously makes use of poison。 Hence; there is nothing extraordinary or significant in this fact; it is due to the familiar traits of woman。 For this reason; when there is any doubt as to the murderer in a case of poisoning; it is well to think first of a woman or of a weak; effeminate man。

The weakness of woman will help us in still another direction。 It is easily conceivable that all forms of weakness will seek support and assistance; whether physical or moral。 The latter is inclined in cases of need to make use; also; of such assistance as may be rendered by personal inward reflection。 Now this reflection may be on the one hand; dissuasion; on the other hand persuasion; self… persuasion; the first subduing self…reproach; the latter; fear of discovery。 Hence; a woman will try to persuade not only herself; but others also that she was justified in her course and will assign as reason; bad treatment。 Now there might have been some bad treatment; but it will have been altered and twisted so utterly as to lose its original form and to become imaginatively unbearable。 Thus; a series of conclusions from the reactions of the suspect to her environment may be easily found; and these are the more convincing if they have occurred within a rather long period of time; in which they may be chronologically arranged; and from which a slow and definite intensification; usque ad ultimum; can be proved。 Such an analysis is; of course; troublesome; but if done systematically; almost always rich in results。

The tricks of persuasion which are to suppress the fears of discovery are always helps of another sort。 As a rule they are general; and point to the fact that the crime contemplated had occurred before without danger; that everything was intelligently provided for; etc。 Now these circumstances are less dangerous; but they require consideration when they count on certain popular views; especially superstitions and certain customs and assumptions。 Suppose; for example; that a young wife wants to get rid of her  old husband whom she had married for the sake of his money。 Now certain proverbs point to the fact that old men who marry young women die soon after marriage。 This popular view may be entirely justified in the fact that the complete alteration in the mode of life; the experience of uncustomary things; the excitement; the extreme tension; then the effort _in venere_; finally; perhaps also the use of popularly well…known stimulants; etc。; may easily cause weakening; sickening; and as conclusion the death of the old man。 But the public does not draw this kind of inference; it simply assumes; without asking the reason; that when an old man marries a young woman; he dies。 Therefore a young wife may easily think; ‘‘If I make use of poison nobody will wonder; nobody will see anything suspicious about the death。 It is only an event which is universally supposed to happen。 The old man died because he married me。'' Such ideas may easily seduce an uneducated woman and determine her conduct。 Of course; they are not subject to observation; but they are not beyond control; if the popular views concerning certain matters are known as the views which determine standards。 Therefore their introduction into the plot of the suspect may help us in drawing some useful inference。'1'

With regard to child…murder the consideration of psychopathic conditions need not absolutely be undertaken。 Whether they are present must; of course; be determined; and therefore it is first of all necessary to learn the character of the suspect's conduct。 The opportunity for this is given in any text…book on legal medicine; forensic psychopathology; and criminal psychology。 There are a good many older authors。'2' Most of the cases cited by authorities show that women in the best of circumstances have behaved innumerable times in such a way that if they had been poor girls child…murder would immediately have been assumed。 Again; they have shown that the sweetest and most harmless creatures become real beasts at the time of accouchement; or shortly after it develop an unbelievable hatred toward child and husband。 Many a child… murder may possibly be explained by the habit of some animals of consuming their young immediately after giving birth to them。 Such cases bind us in every trial for child…murder to have the mental state of the mother thoroughly examined by a psychiatrist; and to


'1' Cf H。 Gross's Archiv。 I; 306; III; 88; V; 207; V; 290。

'2' Wigand: Die Geburt des Mensehen。 Berlin 1830。 Klein ber Irrtum bei Kindesmord; Harles Jahrbuch; Vol。 3。 Burdach Gerichtsrtztliche Arbeiten。 Stuttgart; 1839。


 interpret everything connected with the matter as psychologist and humanitarian。 At the same time it must not be forgotten that one of the most dangerous results is due to this attitude。 Lawmakers have without further consideration kept in mind the mental condition of the mother and have made child…murder much less punishable than ordinary murder。 It is inferred; therefore; that it is unnecessary to study the conditions which cause it。 This is dangerous; because it implies the belief that the case is settled by giving a minimum sentence; where really an infinity of grades and differences may enter。 The situation that the law…maker has studied is one among many; the majority of which we have yet to apprehend and to examine。


Section 76。 (d) Emotional Disposition and Related Subjects。

Madame de Krdener writes in a letter to Bernardin de St。 Pierre: ‘‘Je voulais tre sentie。'' These laconic words of this wise pietist give us an insight into the significance of emotional life of woman。 Man wants to be understood; woman felt。 With this emotion she spoils much that man might do because of his sense of justice。 Indeed; a number of qualities which the woman uses to make herself noted are bound up with her emotional life; more or less。 Compassion; self…sacrifice; religion; superstition;all these depend on the highly developed; almost diseased formation of her emotional life。 Feminine charity; feminine activity as a nurse; feminine petitions for the pardon of criminals; infinite other samples of women's kindly dispositions must convince us that these activities are an integral part of their emotional life; and that women perform them only; perhaps; in a kind of dark perception of their own helplessness。 On the one side an unconscious egoism impels them to the defence of those who find themselves in a _*similar_ condition; on the other side; 
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