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criminal psychology-第139章

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ess and one…sidedness in thought; he is easily surprised by irrelevancies; he is torn from his drowse; and behaves like a somnolent drunkard。。。。 The very old individual is a fanatic about restevery disturbance of his rest troubles him。 Hence; all his anger; all his teasing and quarreling; all his obstinacy and stiffness; have a single device: ‘Let me alone。' ''

This somnolent drunkenness is variously valued。 Henry Holland; in one of his ‘‘Fragmentary Papers;'' said that age approximates a condition of dreams in which illusion and reality are easily confused。 But this can be true only of the last stages of extreme old age; when life has become a very weak; vegetative function; but hardly any crimes are committed by people in this stage。

It would be simpler to say that the old man's weakness gives the earlier tendencies of his youth a definite direction which may lead to crime。 All diseases develop in the direction of the newly developing weakness。 But selfishness or greed are not young。 Hence we must assume that an aging man who has turned miser began by being prudent; but that he did not deny himself and his friends because he knew that he was able to restore; later; what they con…


'1' The Female Offender。

 sumed。 Now he is old and weak; he knows that he can no longer do this easily; i。 e。; that his money and property are all that he has to depend on in his old age; and hence; he is very much afraid of losing or decreasing them; so that his prudence becomes miserliness; later mania for possession; and even worse; finally it may turn him into a criminal。

The situation is the same sexually。 Too weak to satisfy natural instincts in adults; he attacks immature girls; and his fear of people he can no longer otherwise oppose turns him into a poisoner。 Drobisch finds that by reason of the alteration of characteristics; definite elements of the self are distinguishable at every stage。 The distinguishing element in extreme old age; in senility; is the loss of power; and if we keep this in mind we shall be able to explain every phenomenon characteristic of this period。

Senile individuals require especial treatment as witnesses。 An accurate study of such people and of the not over…rich literature concerning them will; however; yield a sufficient basis to go on。 What is most important can be found in any text…book on psychology。 The individual cases are considerably helped by the assumption that the mental organization of senility is essentially simplified and narrowed to a few types。 Its activities are lessened; its influences and aims are compressed; the present brings little and is little remembered; so that its collective character is determined by a resultant; composed of those forces that have influenced the man's past life。 Accurate observation will reveal only two types of senility。'1' There is the embittered type; and there is the character expressed in the phrase; ‘‘to understand all is to forgive all。'' Senility rarely succeeds in presenting facts objectively。 Everything it tells is bound up with its judgment; and its judgment is either negative or positive。 The judgment's nature depends less on the old man's emotional character than on his experience in life。 If he is one of the embittered; he will probably so describe a possibly harmful; but not bad event; as to be able to complain of the wickedness of the world; which brought it about; that at one time such and such an evil happened to him。 The excusing senile will begin with ‘‘Good God; it wasn't so bad。 The people were young and merry; and so one of them。'' That the same event is presented in a fundamentally different light by each is obvious。 Fortunately; the senile is easily seen through and his first words show how he looks at things。 He makes difficulties mainly by introducing memories


'1' H。 Gross: Lehrbuch fr den Ausforschungsdienst der Gendarmerie。

 which always color and modify the evidence。 The familiar fact that very old men remember things long past better than immediate occurrences; is to be explained by the situation that the ancient brain retains only that which it has frequently experienced。 Old experiences are recalled in memory hundreds and hundreds of times; and hence; may take deep root there; while the new could be repeated; only a few times; and hence had not time to find a place before being forgotten。 If the old man tells of some recent event; some similar remote event is also alive in his mind。 The latter has; however; if not more vivid at least equally vigorous color; so that the old man's story is frequently composed of things long past。 I do not know how to eliminate these old memories from this story。 There are always difficulties; particularly as personal experiences of evil generally dominate these memories。 It is not unjust; that proverb which says ‘‘If youth is at all silly; old age remembers it well。''


Section 83。 (d) Differences in Conception。

I should like to add to what precedes; that senility presents fact and judgment together。 In a certain sense every age and person does so and; as I have repeatedly said; it would be foolish to assert that we have the right to demand only facts from witnesses。 Setting aside the presence of inferences in most sense…perceptions; every exposition contains; without exception; the judgment of its subject… matter; though only; perhaps; in a few dry words。 It may lie in some choice expression; in the tone; in the gesture but it is there; open to careful observation。 Consider any simple event; e。 g。; two drunkards quarreling in the street。 And suppose we instruct any one of many witnesses to tell us only the facts。 He will do so; but with the introductory words; ‘‘It was a very ordinary event;'' ‘‘altogether a joke;'' ‘‘completely harmless;'' ‘‘quite disgusting;'' ‘‘very funny;'' ‘‘a disgusting piece of the history of morals;'' ‘‘too sad;'' ‘‘unworthy of humanity;'' ‘‘frightfully dangerous;'' ‘‘very interesting;'' ‘‘a real study for hell;'' ‘‘just a picture of the future;'' etc。 Now; is it possible to think that people who have so variously characterized the same event will give an identical description of the mere fact? They have seen the event in accordance with their attitude toward life。 One has seen nothing; another this; another that; and; although the thing might have lasted only a very short time; it made such an impression that each has in mind a completely different picture which he now reproduces。'1' As Volkmar said; ‘‘One


'1' Cf。 H。 Gross's Archiv XIV; 83。

 nation hears in thunder the clangor of trumpets; the hoof…beats of divine steeds; the quarrels of the dragons of heaven; another hears the mooing of the cow; the chirp of the cricket; the complaint of the ancestors; still another hears the saints turn the vault of heaven; and the Greenlander; even the quarrel of bewitched women concerning a dried skin。'' And Voltaire says; ‘‘If you ask the devil what beauty is; he will tell you that beauty is a pair of horns; four hoofs; and a tail。'' Yet; when we ask a witness what is beautiful; we think that we are asking for a brute fact; and expect as reliable an answer as from a mathematician。 We might as well ask for cleanliness from a perso
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