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f through its exaggeration。
Not far from scorn are defiance and spite。 They are characterized by baring the canine teeth and drawing together the face in a frown when turning toward the person upon whom the defiance or spite is directed。 I believe that this image has got to be variously filled out by the additional fact that the mouth is closed and the breath several times forced sharply through the nostrils。 This arises from the combination of resolution and scorn； these being the probable sources of defiance and spite。 As was explained in the discussion of resolution； the mouth is bound to close； spite and defiance are not thinkable with open mouth。 Scorn； moreover； demands； as we have shown； this blowing； and if the blowing is to be done while the mouth is closed it must be done through the nose。
Derision and depreciation show the same expressions as defiance and spite； but in a lesser degree。 They all give the penologist a good deal to do； and those defendants who show defiance and spite are not unjustly counted as the most difficult we have to deal with。 They require； above all； conscientious care and patience； just indeed because not rarely there are innocents among them。 This is especially so when a person many times punished is accused another time； perhaps principally because of his record。 Then the bitterest defiance and almost childish spite takes possession of him against ‘‘persecuting'' mankind； particularly if； for the nonce； he is innocent。 Such persons turn their spite upon the judge as the representative of this injustice and believe they are doing their best by conducting themselves in an insulting manner and speaking only a few defiant words with the grimmest spite。 Under such circumstances it is not surprising that the inexperienced judge considers these expressions as the consequences of a guilty conscience； and that the spiteful person may blame himself for the results of his defiant conduct。 He therefore pays no more attention to the unfortunate。 How this situation may lead to an unjust sentence is obvious。 But whether the person in question is guilty or not guilty； it is the undeniable duty of the judge to make especial efforts with such persons； for defiance and spite are in most cases the result of embitterment； and this again comes from the disgusting treatment received at the hands of one's fellows。 And it is the judge's duty at least not to increase this guilt if he can not wipe it away。 The only； and apparently the simplest； way of dealing with such people is the patient and earnest discussion of the case； the demonstration that the judge is ready carefully to study all damaging facts； and even a tendency to refer to evidence of innocence in hand； and a not over…energetic discussion of the man's possible guilt。 In most cases this will not be useful at the beginning。 The man must have time to think the thing over； to conceive in the lonely night that it is not altogether the world's plan to ruin him。 Then when he begins to recognize that he will only hurt himself by his spiteful silence if he is again and again examined he will finally be amenable。 Once the ice is broken； even those accused who at the beginning showed only spite and defiance； show themselves the most tractable and honest。 The thing needful above all is patience。
Real rage； unfortunately； is frequent。 The body is carried erect or thrown forward； the limbs become stiff； mouth and teeth closely press together； the voice becomes very loud or dies away or grows hoarse； the forehead is wrinkled and the pupil of the eye contracted； in addition one should count the change of color； the flush or deep pallor。 An opportunity to simulate real rage is rare； and anyway the characteristics are so significant that a mistake in recognition can hardly be made。 Darwin says that the conviction of one's own guilt is from time to time expressed through a sparkling of the eyes； and through an undefinable affectation。 The last is well known to every penologist and explicable in general psychological terms。 Whoever knows himself to be guiltless behaves according to his condition； naturally and without constraint： hence the notion that nave people are such as represent matters as they are。 They do not find anything suspicious in them because they do not know about suspicious matters。 But persons who know themselves guilty and try not to show it； must attain their end through artifice and imitation； and when this is not well done the affectation is obvious。
There is also something in the guilty sparkle of the eye。 The sparkle in the eyes of beauty； the glance of joy； of enthusiasm； of rapture； is not so poetical as it seems； inasmuch as it is no more than intensified secretion of tears。 The latter gets its increase through nervous excitation； so that the guilty sparkle should also be of the same nature。 This may be considered as in some degree a flow of tears in its first stages。
An important gesture is that of resignation； which expresses itself especially as folding the hands in one's lap。 This is one of the most obvious gestures； for ‘‘folding the hands in the lap'' is proverbial and means there is no more to be done。 The gesture signifies； therefore； ‘‘I'm not going to do any more； I can't； I won't。'' Hence it must be granted that the condition of resignation and its gesture can have no significance for our own important problem； the problem of guilt； inasmuch as the innocent as well as the guilty may become resigned； or may reach the limit at which he permits everything to pass without his interference。 In the essence and expression of resignation there is the abandonment of everything or of some particular thing； and in court； what is abandoned is the hope to show innocence； and as the latter may be real as well as merely pleaded； this gesture is a definite sign in certain cases。 It is to be noted among the relations and friends of a defendant who； having done everything to save him； recognize that the evidence of guilt is irrefutable。 It is again to be noticed among courageous lawyers who； having exerted all their art to save their clients； perceive the failure of their efforts。 And finally； the defendants show it； who have clearly recognized the danger of their case。 I believe that it is not an empirical accident that the gesture of resignation is made regularly by innocent persons。 The guilty man who finds himself caught catches at his head perhaps； looks toward heaven gritting his teeth； rages against himself； or sinks into a dull apathy； but the essential in resignation and all its accompanying movements is foreign to him。 Only that conforms to the idea of resignation which indicates a surrender； the cession of some value that one has a claim onif a man has no claim to any given thing he can not resign it。 In the same way； a person without right to guiltlessness and recognition； will instinctively not surrender it with the emotion of resignation； but at most with despair or anger or rage。 And it is for this reason that the guilty do not exhibit gestures of resignation。
The contraction of the brow occurs in other cases besides those mentioned。 Before all it occurs when anything is dealt with intensively； incre