criminal psychology-第74章
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ew of these； but he has other and more valuable opportunities of getting them； while woman； who has not his position in the midst of life； must gather her experiences where she may。
Hence； it remains best to stick to simple； sober discoveries which may be described without literary glamour； and which admit of no exception。 Such is the statement by Friedreich＇1＇： ‘‘Woman is more excitable； more volatile and movable spiritually； than man； the mind dominates the latter； the emotions the former。 Man thinks more； woman senses more。'' These ungarnished； clear words； which offer nothing new； still contain as much as may be said and explained。 We may perhaps supplement them with an expression of Heusinger's； ‘‘Women have much reproductive but little productive imaginative power。 Hence； there are good landscape and portrait painters among women； but as long as women have painted there has not been any great woman…painter of history。 They make poems； romances； and sonnets； but not one of them has written a good tragedy。'' This expression shows that the imaginative power of woman is really more reproductive than productive； and it may be so observed in crimes and in the testimony of witnesses。
＇1＇ J。 B。 Friedreich： System der gerichtlich。 Psychol。 Regensburg 1852。
In crimes； this fact will not be easy to observe in the deed itself； or in the manner of its execution； it will be observable in the nature of the plan used。 To say that the plan indicates productive creation would not be to call it original。 Originality can not be indicated； without danger of misunderstanding； by means of even a single example； we have simply to cling to the paradigm of Heusinger； and to say； that when the plan of a criminal act appears more independent and more completely worked out； it may be assumed to be of masculine origin； if it seeks support； however； if it is an imitation of what has already happened； if it aims to find outside assistance during its execution； its originator was a woman。 This truth goes so far that in the latter case the woman must be fixed upon as the intellectual source of the plan； even though the criminal actually was a man。 The converse inference could hardly be held with justice。 If a man has thought out a plan which a woman is to execute； its fundamental lines are wiped out and the woman permits the productive aspect of the matter to disappear； or to become so indefinite that any sure conclusion on the subject is impossible。
Our phenomenon is equally important in statements by witnesses。 In many a case in which we suppose the whole or a portion of a witness's testimony to be incorrect； intentionally invented； or involuntarily imagined； we may succeed in extracting a part of the testimony as independent construction； and thus determining what might be incorrect in it。 If； when this happens； the witness is a man and his lies show themselves in productive form； and if the witness is a woman and her lies appear to be reproduced； it is possible； at least； that we are being told untruths。 The procedure obviously does not in itself contain anything evidential； but it may at least excite suspicion and thus caution； and that； in many cases； is enough。 I may say of my own work that I have often gained much advantage from this method。 If there were any suspicion that the testimony of a witness； especially the conception of some committed crime； was untrue； I recalled Heusinger； and asked myself ‘‘If the thing is untrue； is it a sonnet or a tragedy？'' If the answer was ‘‘tragedy'' and the witness a man； or； if the answer was ‘‘sonnet'' and the witness a woman； I concluded that everything was possibly invented； and grew quite cautious。 If I could come to no conclusion； I was considerably helped by Heusinger's other proposition； asking myself； ‘‘Flower…pictures or historical subjects？'' And here again I found something to go by； and the need to be suspicious。 I repeat； no evidence is to be attained in this way； but we frequently win when we are warned beforehand。
（3） _Sexual Peculiarities_。
Section 65。 （a） General Considerations。
Even if we know that hunger and love are not the only things that sustain impulse； we also know the profound influence that love and all that depends upon it exercise from time immemorial on the course of events。 This being generally true； the question of the influence of sex on woman is more important than that of its influence on man； for a large number of profound conditions are at work in the former which are absent in the latter。 Hence； it is in no way sufficient to consider only the physiological traits of the somatic life of woman； i。 e。； menstruation； pregnancy； child…birth； the suckling period； and finally the climacterium。 We must study also the possibly still more important psychical conditions which spring from the feminine nature and are developed by the demands of civilization and custom。 We must ask what it means to character when an individual is required from the moment puberty begins； to conceal something for a few days every month； what it means when this secrecy is maintained for a long time during pregnancy； at least toward children and the younger people。 Nor can it be denied that the custom which demands more self…control in women must exercise a formative influence on their natures。 Our views do not permit the woman to show without great indirection whom she hates or whom she likes； nor may she indicate clearly whom she loves； nor must she appear solicitous。 Everything must happen indirectly； secretly； and approximately； and if this need is inherited for centuries； it must； as a characteristic； impart a definite expression to the sex。 This expression is of great importance to the criminalist； it is often enough to recall these circumstances in order to find explanation for a whole series of phenomena。 What differences the modern point of view and modern tendencies will make remains to be seen。 Let us now consider particular characteristics。
Section 66。 （b） Menstruation。
We men； in our own life； have no analogy； not even a remote one； to this essentially feminine process。 In the mental life of woman it is of greater importance than we are accustomed to suppose。 In most cases in which it may be felt that the fact of menstruation influences a crime or a statement of facts； it will be necessary to make use of the court physician； who must report to the judge。 The latter absolutely must understand the fact and influence of menstruation。 Of course he must also have general knowledge of the whole matter； but he must require the court physician definitely to tell him when the event began and whether any diseased conditions were apparent。 Then it is the business of the judge to interpret the physician's report psychologicallyand the judge knows neither more nor less psychology； according to his training； than the physician。 Any text…book on physiology will give the important facts about menstruation。 It is important for us to know that menses begin； in our climate； from the thirteenth to the fifteenth year； and end between the forty…fifth and the fiftieth year。 The periods are normally a solar monthfrom twenty…seven to twenty…eight days； and the menstruation lasts from three to five days。 After its conclusion the sexual impulse； even in otherwise frigid women； is in most cases intensified。 It is important； moreover； to note the fact that most women； during their periods； show a not insignificant alteration of their mental lives； often exhibiting states of mind that are otherwise foreign to them。
As in many cases it is impossible without other justification to ask whether menses have begun； it is worth while knowing that most women menstruate； according to some authorities； during the first quarter of the moon； and that only a few menstruate during the new or full moon。 The facts are very questionable； but we have no other cues for determining that menstruation is taking place。 Either the popularly credited signs of it （e。 g。； a particular appearance； a significant shining of the eyes； bad odor from the mouth； or susceptibility to perspiration） are unreliable； or there are such signs as feeling unwell； tension in the back； fatigue in the bones； etc。； which are much more simply and better discovered by direct interrogation； or examination by a physician。
If there is any suspicion that menstruation has influenced testimony or a crime； and if the other； especially the above…mentioned facts； are not against it； we are called upon to decide whether we are considering a mental event； due to the influence of menstruation。 Icard＇1＇ has written the best monograph on this subject。
＇1＇ Icard： La Femme dans la Periode Menstruelle。 Paris 1890。
Considering the matter in detail； our attention is first called to the importance of the beginning of menstruation。 Never is a girl more tender or quiet； never more spiritual and attractive； nor more inclined to good sense； than in the beginning of puberty； generally a little before the menstrual periods have begun； or have become properly ordered。 At this time； then； the danger that the young girl may commit a crime is very small； perhaps smaller then at any other time。 And hence； it is the more to be feared that such a creature may become the victim of the passions of a rou
