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criminal psychology-第3章

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 of distinctive periods of life; the perplexing intrusion of subtle abnormalities; particularly when of a sexual type; have brought it about that the psychologist has extended his laboratory procedures to include the study of such deviation; and thus a common set of findings have an equally pertinent though a different interest for the theoretical student of relations and the practitioner。 There are; as well; certain special psychological conditions that may color and quite transform the interpretation of a situation or a bit of testimony。 To distinguish between hysterical deception and lying; between a superstitious believer in the reality of an experience and the victim of an actual hallucination; to detect whether a condition of emotional excitement or despair is a cause or an effect; is no less a psychological problem than the more popularly discussed question of compelling confession of guilt by the analysis of laboratory reactions。 It may well be that judges and lawyers and men of science will continue to differ in their estimate of the aid which may come to the practical pursuits from a knowledge of the relations as the psychologist presents them in a non…technical; but yet systematic analysis。 Professor Gross believes thoroughly in its importance; and those who read his book will arrive at a clearer view of the methods and issues that give character to this notable chapter in applied psychology。

The author of the volume is a distinguished representative of the modern scientific study of criminology; or ‘‘criminalistic'' as he prefers to call it。 He was born December 26th; 1847; in Graz (Steiermark); Austria; pursued his university studies at Vienna and Graz; and qualified for the law in 1869。 He served as ‘‘Untersuchungsrichter'' (examining magistrate) and in other capacities; and received his first academic appointment as professor of criminal law at the University of Czernowitz。 He was later attached to the German University at Prague; and is now professor in the University of Graz。 He is the author of a considerable range of volumes bearing on the administration of criminal law and upon the theoretical foundations of the science of criminology。 In 1898 he issued his ‘‘Handbuch fur Untersuchungsrichter; als System der Kriminalistik;'' a work that reached its fifth edition in 1908; and has been translated into eight foreign languages。 From 1898 on he has been the editor of the ‘‘Archiv fr Kriminalanthropologie und Kriminalistik;'' of which about twenty volumes have appeared。 He is a frequent contributor to this journal; which is an admirable representative of an efficient technical aid to the dissemination of interest  in an important and difficult field。 It is also worthy of mention that at the University of Graz he has established a Museum of Criminology; and that his son; Otto Gross; is well known as a specialist in nervous and mental disorders and as a contributor to the psychological aspects of his specialty。 The volume here presented was issued in 1897; the translation is from the second and enlarged edition of 1905。 The volume may be accepted as an authoritative exposition of a leader in his ‘‘Fach;'' and is the more acceptable for purposes of translation; in that the wide interests of the writer and his sympathetic handling of his material impart an unusually readable quality to his pages。                                                  JOSEPH JASTROW。 MADISON; WISCONSIN;  DECEMBER; 1910。



AUTHOR'S PREFACE TO THE AMERICAN EDITION。


THE present work was the first really objective Criminal Psychology which dealt with the mental states of judges; experts; jury; witnesses; etc。; as well as with the mental states of criminals。 And a study of the former is just as needful as a study of the latter。 The need has fortunately since been recognized and several studies of special topics treated in this booke。 g。 depositions of witnesses; perception; the pathoformic lie; superstition; probability; sensory illusions; inference; sexual differences; etc。have become the subjects of a considerable literature; referred to in our second edition。

I agreed with much pleasure to the proposition of the American Institute of Criminal Law and Criminology to have the book translated。 I am proud of the opportunity to address Americans and Englishmen in their language。 We of the German countries recognize the intellectual achievements of America and are well aware how much Americans can teach us。

I can only hope that the translation will justify itself by its usefulness to the legal profession。                                             HANS GROSS。



TRANSLATOR'S NOTE。


THE present version of Gross's Kriminal Psychologie differs from the original in the fact that many references not of general psychological or criminological interest or not readily accessible to English readers have been eliminated; and in some instances more accessible ones have been inserted。 Prof。 Gross's erudition is so stupendous that it reaches far out into texts where no ordinary reader would be able or willing to follow him; and the book suffers no loss from the excision。 In other places it was necessary to omit or to condense passages。 Wherever this is done attention is called to it in the notes。 The chief omission is a portion of the section on dialects。 Otherwise the translation is practically literal。 Additional bibliography of psychological and criminological works likely to be generally helpful has been appended。







CRIMINAL PSYCHOLOGY。

INTRODUCTION。


OF all disciplines necessary to the criminal justice in addition to the knowledge of law; the most important are those derived from psychology。 For such sciences teach him to know the type of man it is his business to deal with。 Now psychological sciences appear in various forms。 There is a native psychology; a keenness of vision given in the march of experience; to a few fortunate persons; who see rightly without having learned the laws which determine the course of events; or without being even conscious of them。 Of this native psychological power many men show traces; but very few indeed are possessed of as much as criminalists intrinsically require。 In the colleges and pre…professional schools we jurists may acquire a little scientific psychology as a ‘‘philosophical propaedeutic;'' but we all know how insufficient it is and how little of it endures in the business of life。 And we had rather not reckon up the number of criminalists who; seeing this insufficiency; pursue serious psychological investigations。

One especial psychological discipline which was apparently created for our sake is the psychology of law; the development of which; in Germany; Volkmar'1' recounts。 This science afterward developed; through the instrumentality of Metzger'2' and Platner;'3' as criminal psychology。 From the medical point of view especially; Choulant's collection of the latter's; ‘‘Quaestiones;'' is still valuable。 Criminal psychology was developed further by Hoffbauer;'4' Grohmann;'5'


'1' W。 Volkmann v。 Volkmar: Lehrbuch der Psychologie (2 vols。)。 Cthen 1875

'2' J。 Metzger: ‘‘Gerichtlich…medizinische Abhandhingen。'' Knigsberg 1803

'3' Ernst Platn
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