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criminal psychology-第29章

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om some bodily malformation not with care and protection; but with scorn and maltreatment。 Such propensities belong; alas; not only to adults; but also to children; who annoy their deformed playfellows (whether expressly or whether because they are inconsiderate); and continually call the unhappy child's attention to his deformity。 Hence; there follows in most cases from earliest youth; at first a certain bitterness; then envy; unkindness; stifled rage against the fortunate; joy in destruction; and all the other hateful similar qualities however they may be named。 In the course of time all of these retained bitter impressions summate; and the qualities arising from them become more acute; become habitual; and at last you have a ready…made person ‘‘marked for evil。'' Add to this the indubitable fact that the marked persons are considerably wiser and better…instructed than the others。 Whether this is so by accident or is causally established is difficult to say; but inasmuch as most of them are compelled just by their deformities to deprive themselves of all common pleasures and to concern themselves with their own affairs; once they have been fed to satiety with abuse; scorn and heckling; the latter is the more likely。 Under such circumstances they have to think more; they learn more than the others to train their wits; largely as means of defense against physical attack。 They often succeed by wit; but then; they can never be brought into a state of good temper and lovableness when they are required to defend themselves by means of sharp; biting and destructive wit。 Moreover; if the deformed is naturally not well… disposed; other dormant evil tendencies develop in him; which might never have realized themselves if he had had no need of them for purposes of self…defenselying; slander; intrigue; persecution by means of unpermitted instruments; etc。 All this finally forms a determinate complex of phenomena which is undivorceably bound in the eyes of the expert with every species of deformity: the mistrusting of the deaf man; the menacing expression of the blind; the indescribable and therefore extremely characteristic smiling of the hump…back are not the only typical phenomena of this kind。 

All this is popularly known and is abnormally believed in; so that we often discover that the deformed are more frequently suspected of crime than normal people。 Suspicion turns to them especially when an unknown criminal has committed a crime the accomplishment of which required a particularly evil nature and where the deed of itself called forth general indignation。 In that case; once a deformed person is suspected; grounds of suspicion are not difficult to find; a few collect more as a rolling ball does snow。 After that the sweet proverb: ‘‘Vox populi; vox dei;'' drives the unfortunate fellow into a chaos of evidential grounds of suspicion which may all be reduced to the fact that he has red hair or a hump。 Such events are frightfully frequent。'1'


Section 15。 (2) _Causes of Irritation_。


Just as important as these phenomena are the somatic results of psychic irritation。 These latter clear up processes not to be explained by words alone and often over…valued and falsely interpreted。 Irritations are important for two reasons: (1) as causes of crime; and (2) as signs of identification in examination。

In regard to the first it is not necessary to show what crimes are committed because of anger; jealousy; or rage; and how frequently terror and fear lead to extremes otherwise inexplicablethese facts are partly so well known; partly so very numerous and various; that an exposition would be either superfluous or impossible。 Only those phenomena will be indicated which lie to some degree on the borderland of the observed and hence may be overlooked。 To this class belong; for example; anger against the object; which serves as explanation of a group of so…called malicious damages; such as arson; etc。 Everybody; even though not particularly lively; remembers instances in which he fell into great and inexplicable rage against an object when the latter set in his way some special difficulties or caused him pain; and he remembers how he created considerable ease for himself by flinging it aside; tearing it or smashing it to pieces。 When I was a student I owned a very old; thick Latin lexicon; ‘‘Kirschii cornu copia;'' bound in wood covered with pigskin。 This respectable book flew to the ground whenever its master was vexed; and never failed profoundly to reduce the inner stress。 This ‘‘Kirschius'' was inherited from my great…grandfather and it did not suffer much damage。 When; however; some poor apprentice tears the fence; on a nail of which his only coat got a bad tear; or

'1' Cf。 Ncke in H。 Gross's Archiv; I; 200; IX; 153。

 when a young peasant kills the dog that barks at him menacingly and tries to get at his calf; then we come along with our ‘‘damages according to so and so much;'' and the fellow hasn't done any more than I have with my ‘‘Kirschius。'''1' In the magnificent novel; ‘‘Auch Einer;'' by F。 T。 Vischer; there is an excellent portrait of the perversity of things; the author asserts that things rather frequently hold ecumenical councils with the devil for the molestation of mankind。

How far the perversity of the inanimate can lead I saw in a criminal case in which a big isolated hay…stack was set on fire。 A traveler was going across the country and sought shelter against oncoming bad weather。 The very last minute before a heavy shower he reached a hay…stack with a solid straw cover; crept into it; made himself comfortable in the hay and enjoyed his good fortune。 Then he fell asleep; but soon woke again inasmuch as he; his clothes; and all the hay around him was thoroughly soaked; for the roof just above him was leaking。 In frightful rage over this ‘‘evil perversity;'' he set the stack on fire and it burned to the ground。

It may be said that the fact of the man's anger is as much a motive as any other and should have no influence on the legal side of the incident。 Though this is quite true; we are bound to consider the crime and the criminal as a unit and to judge them so。 If under such circumstances we can say that this unit is an outcome natural to the character of mankind; and even if we say; perhaps; that we might have behaved similarly under like circumstances; if we really cannot find something absolutely evil in the deed; the criminal quality of it is throughout reduced。 Also; in such smaller cases the fundamental concept of modern criminology comes clearly into the foreground: ‘‘not the crime but the criminal is the object of punishment; not the concept but the man is punished。'' (Liszt)。

The fact of the presence of a significant irritation is important for passing judgment; and renders it necessary to observe with the most thorough certainty how this irritation comes about。 This is the more important inasmuch as it becomes possible to decide whether the irritation is real or artificial and imitated。 Otherwise; however; the meaning of the irritation can be properly valued only when its development can be held together step by step with its causes。 Suppose I let the suspect know the reason of sus
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