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etermine how much the anthropos and how much the macroanthropos is to be blamed for any crime。
＇1＇ Cf。 Friedmann： Die Wahnsinn im Vlkerleben。 Wiesbaden 1901。 Sighele： La folla deliquente。 Studio di psicologia Collettiva 2d Ed。 Torino 1895。 I delitti della folla studiati seconde la psicologia； il diritto la giurisprudenza。 Torino 1902。
Section 95。 （e） Passion and Affection。
Passion and affection occasion in our own minds and in those of witnesses considerable confusion of observations； influence； or even effect the guilt of the defendant and serve to explain many things at the moment of examination。 The essence of passion or affection； its definition and influence； its physical and physiological explanation； is discussed in any psychology。 The use of this discussion for the lawyer's purposes has been little spoken of； and possibly can not have more said about it。 Things that are done with passion show themselves as such； and require no particular examination in that respect。 What we have to do is to discover what might have happened without passion； and especially to protect ourselves from being in person overcome by passion or affection。 It is indubitable that the most ‘‘temperamental'' of the criminalists are the best； for phlegm and melancholy do not carry one through an examination。 The lively and the passionate judges are the most effective； but they also have the defects of their virtues。 No one will deny that it is difficult to maintain a calm demeanor with an impudent denying criminal； or in the face of some very cruel； unhuman； or terrible crime。 But it is essential to surmount this difficulty。 Everyone of us must recall shameful memories of having； perhaps justly； given way to passion。 Of course the very temperamental Count Gideon Raday freed his county in a short time from numberless robberies by immediately hanging the mayor of the town in which the robberies occurred； but nowadays so much temperament is not permissible。 It is well to recall the painful position of an excellent presiding justice at a murder trial； who attacked the defendant passionately； and had to submit to the latter's really justified reprimand。
The only means of avoiding such difficulties is not to begin quarrelling。 Just as soon as a single word is uttered which is in any way improper in polite society； everything is lost。 The word is the rolling snow…ball； and how much momentum it may gather depends upon the nature and the training of the judge。 Lonely insults are not frequent； and a single improper word breaks down the boundaries。 The criminal knows this and often makes use of his knowledge。 A man who has ‘‘cussed out'' the other fellow is no longer dangerous； he becomes calm and kind； and feels instinctively the need of repairing the damage he has committed by ‘‘going too far。'' He then exhibits an exaggerated geniality and care upon which many criminals count； and hence intentionally provoke the examiner until he does things and says things he is sorry for。
The emotions of witnesses； especially of those who have been harmed by the crime and of those who have seen something terrible and disgusting； and who still tend to get excited over it； constitute a great many difficulties。 Against the unconditional reliability of such persons' testimony experienced judges take measures of defence。 The participant of this class is never calm； passion； anxiety； anger； personal interest； etc。； either anticipate or exaggerate trouble。 Of course； we are not speaking of cases in which a wound is considerably exaggerated； or even invented for the sake of money； but of those in which people under emotional stress often say unthinkable things about their enemy； just to get him punished。 This； however； is comparatively rare where the damage has been very great。 A man who has lost his eye； the father of a raped daughter； the victim impoverished by arson； often behaves very calmly toward the criminal。 He makes no especial accusation； does not exaggerate； and does not insult。 A person； however； whose orchard has suffered damage； may behave much worse。
It frequently happens that the sufferer and the defendant really hate each other。 Not necessarily because one had broken the other's head； or robbed him； frequently the ostensible reason for coming to trial is the result of a long and far…reaching hatred。 That this emotion can go to any length is well known and it is therefore necessary； though not always easy； to seek it out。 Hatred is possible among peers； or people who are peers in one connection or another。 As a rule； the king will not be able to hate his musketeer； but he will when they are both passionately in love with the same girl； for they are peers in love。 Similarly； the high…bred lady will hardly hate her maid； but if she observes the maid's magnificent hair and believes that it is better than her own； she will hate the maid； for there is no difference in rank with regard to the love of hair。
Real hate has only three sources： pain； jealousy； or love。 Either the object of hatred has caused his enemy a great irremediable pain or jealousy； or hatred is； was； or will become love。 Some authorities believe that there is another source of hatred which becomes apparent when we have done harm to somebody。 That this might show itself as hatred or passion similar to hatred is possible； but in most cases it will probably be a feeling of deep shame and regret； which has certain particular characteristics in common with hatred。 If it is really hatred； it is hatred through pain。 Hatred is difficult to hide； and even criminalists of small experience will overlook it only in exceptional cases。 The discovery of envy； which is less forgiving than hatred； less explosive； much profounder and much more extensive； is incomparably more difficult。 Real hatred； like exquisite passion； requires temperament； and under circumstances may evoke sympathy； but friendless envy； any scamp is capable of。 Possibly no other passion endangers and destroys so many lives； chokes off so much service； makes impossible so many significant things； and finally； judges so falsely an endless number of persons。 When you remember； moreover； its exaggerated extent； and the poor…spirited； easy trick of hiding it； its dangerous nature can not be overestimated。 We lawyers are even more imperilled by it because we do not easily allow people to be praised before us； we require witnesses； etc。； to speak incriminatingly most of the time； and we cannot easily see whether they are envious。
However freely one man may speak against another； we may assume that he is telling the truth； or at worst； that he has a false notion of the matter； or was badly instructed； but we rarely think that his envy dictates it all。 This idea occurs to us when he is to praise the other man。 Then he exhibits a cautious； tentative； narrowing attitude； so that even a person of little experience infers envy。 And here the much…discussed fact manifests itself； that real envy requires a certain equality。 By way of example the petty shopkeeper is cited as envying his more fortunate competitor； but not the great merchant whose ships go round the world。 The feeling of the private toward his gene