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第87章

criminal psychology-第87章

小说: criminal psychology 字数: 每页3500字

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w fact; well or ill; as the case may be。 The frequent oversight of this fact is the reason for many a false interpretation of what the child said; he is believed to have perceived falsely and to have made false restatements; when he has only perceived and restated in his own way。

As children have rarely a proper sense of the value of life; they observe an undubitable death closely without much fear。 This explains many an unbelievable act of courage or clear observation in a child in cases where an adult; frightened; can see nothing。 It is; hence; unjust to doubt many a statement of children; because you doubt their ‘‘courage。'' ‘‘Courage'' was not in question at all。

Concerning the difference between boys and girls; Lbisch'1' says rightly; that girls remember persons better; and boys; things。 He adds; moreover: ‘‘The more silent girl; who is given to observe

'1' Lbisch: Entwicklungegeschichte der Seele des Kindes。 Vienna 1851。

 what is before her; shows herself more teachable than the spiteful and also more imaginative boy who understands with difficulty because he is intended to be better grounded and to go further in the business of knowing。 The girl; all in all; is more curious; the boy; more eager to know。 What he fails in; what he is not spurred to by love or talent; he throws obstinately aside。 While the girl loyally and trustfully absorbs her teachings; the boy remains unsatisfied without some insight into the _why_ or _how_; without some proof。 The boy enters daily more and more into the world of concepts; while the girl thinks of objects not as members of a class; but as definite particular things。''


Section 80。 (2) _Children as Witnesses_。

Once; in an examination of the value of the testimony of children; I found it to be excellent in certain directions because not so much influenced by passion and special interest as that of adults; and because we may assume that children have classified too little rather than too much; that they frequently do not understand an event but perceive instinctively that it means disorder; and hence; become interested in it。 Later the child gets a broader horizon and understands what he has not formerly understood; although; possibly; not altogether with correctness。

I have further found that the boy just growing out of childhood; in so far as he has been well brought up; is especially the best observer and witness there is。 He observes everything that occurs with interest; synthesizes events without prejudice; and reproduces them accurately; while the girl of the same age is often an unreliable; even dangerous witness。 This is almost always the case when the girl is in some degree talented; impulsive; dreamy; romantic; and adventurous;she expresses a sort of weltschmerz connected with ennui。 This comes early; and if a girl of that age is herself drawn into the circle of the events in question; we are never safe from extreme exaggeration。 The merest larceny becomes a small robbery; a bare insult; a remarkable attack; a foolish quip; an interesting seduction; and a stupid; boyish conversation; an important conspiracy。 Such causes of mistakes are well…known to all judges; at the same time they are again and again permitted to recur。

The sole means of safety from them is the clearest comprehension possible of the mental horizon of the child in question。 We have very little general knowledge about it; and hence; are much indebted to the contemporary attempts of public…school teachers to supply  the information。 We all know that we must make distinctions between city and country children; and must not be surprised at the country child who has not seen a gas…lamp; a railroad; or something similar。 Stanley Hall tried to discover from six year old children whether they really knew the things; the names of which they used freely。 It seemed; as a result; that 14% of them had never seen a star; 45% had never been in the country; 20% did not know that milk came from a cow; 50% that fire…wood comes from trees; 13% to 15% the difference between green; blue and yellow; and 4% had never made the acquaintance of a pig。

Karl Lange made experiments (reported in ‘‘ber Apperzeption;'' Plauen; 1889) on 500 pupils in 33 schools in small towns。 The experiment showed that 82% had never seen sun…rise; 77% a sunset; 36% a corn field; 49% a river; 82% a pond; 80% a lock; 37% had never been in the woods; 62% never on the mountains; and 73% did not know how bread was made from grain。 Involuntarily the question arises; what must be the position of the unfortunate children of large cities; and moreover; what may we expect to hear from children who do not know things like that; and at the same time speak of them easily? Adults are not free from this difficulty either。 We have never yet seen a living whale; or a sandstorm in the Sahara; or an ancient Teuton; yet we speak of them confidently and profoundly; and never secure ourselves against the fact that we have never seen them。 Now; as we of the ancient Teuton; so children of the woods; neither have seen them; but one description has as much or as little value as the other。

Concerning the integration of senses; Binet and Henri'1' have examined 7200 children; whom they had imitate the length of a model line; or pick out from a collection of lines those of similar length。 The latter experiment was extraordinarily successful。

The senses of children are especially keen and properly developed。 It is anatomically true that very young children do not hear well; but that is so at an age which can not be of interest to us。 Their sense of smell is; according to Heusinger; very dull; and develops at the time of puberty; but later observers; in particular those who; like Hack; Cloquet and others; have studied the sense of smell; say nothing about this。

Concerning the accuracy of representation in children authorities are contradictory。 Montaigne says that all children lie and are


'1' Le Dmoire Visuelle chez les Enfants。 Rev。 Gen。 des Sciences V。 5。

 obstinate。 Bourdin corroborates him。 Maudsley says that children often have illusions which seem to them indubitably real images; and Mittermaier says that they are superficial and have youthful fancies。 Experience in practice does not confirm this judgment。 The much experienced Herder repeatedly prizes children as born physiognomists; and Soden values the disinterestedness of children very highly。 According to Lbisch; children tell untruths without lying。 They say only what they have in mind; but they do not know and care very little whether their mental content is objective and exists outside of them; or whether only half real and the rest fanciful。 This is confirmed by legal experience which shows us; also; that the subjective half of a child's story may be easily identified。 It is characteristically different from the real event and a confusion of the two is impossible。

We must also not forget that there are lacunae in the child's comprehension of what it perceives。 When it observes an event; it may; e。 g。; completely understand the first part; find the second part altogether new and unintelligible; the third part again comprehensible; etc。 If the child is only half…interested; it will try to fill out these lacunae by reflection and synthesis; and may conceivably make serious blunders。 The blunders and inaccuracies increase the further back the event goes into the child's youth。 The real capacity for memory goes far back。 Preyer'1' tells of cases in which children told of events that they had experienced at thirty…two; twenty…four; and even eighteen months; and told them correctly。 Of course; adults do not recall experiences of such an early age; for they have long since forgotten them。 But very small children can recall such experiences; though in most cases their recollection is worthless; their circle of ideas being so small that the commonest experiences are excluded from adequate description。 But they are worth while considering when a mere fact is in question; or is to be doubted (Were you beaten? Was anybody there? Where did the man stand?)。

Children's determinations of time are unreliable。 Yesterday and to…day are easily confused by small children; and a considerably advanced intelligence is necessary to distinguish between yesterday and a week ago; or even a week and a month。 That we need; in such cases; correct individualization of the witness is self…evident。 The conditions of the child's bringing…up; the things he learned to know; are what we must first of all learn。 If the question in hand


'1' W。 Preyer: Die Seele des Kindes: Leipzig 1890。

 can fit into the notion the child possesses; he will answer better and more if quite unendowed; than if a very clever child who is foreign to the notions of the defined situation。 I should take intelligence only to be of next importance in such cases; and advise giving up separating clever from stupid children in favor of separating practical and unpractical children。 The latter makes an essential difference。 Both the children of talent and stupid children may be practical or unpractical。 If a child is talented and practical he will become a useful member of society who will be at home everywhere and will be able to help himself under any circumstances。 If a child is talented and unpractical; it may grow up into a professor; as is customarily expected of it。 If a child is untalented and practical; it will properly fill a definite place; and if it has luck and ‘‘pull'' may even attain high station in life。 If it is untalented and unpractical it becomes one of those poor creatures who never get anywhere。 For the rle of witness the child's practicality is the important thing。 The practical child will see; observe; properly understand; and reproduce a group of things that the unpractical child has not even observed。 Of course; it is well; also; to have the child talented; but I repeat: the least clever practical child is worth more as witness than the most clever unpractical child。

What the term ‘‘practical'' stands for is difficult to say; but everybody knows it; and everybody has seen; who has cared about children at all; that there are practical children。


Section 81。 (3) _Juvenile Delinquency_。

There have never lacked authors who have assigned to children a great group of defects。 Ever since Lombroso it has been the custom in a certain circle to find the worst crimes already foreshadowed in children。 If there are congenital criminals it must follow that there are criminals among children。 It is shown that the most cruel and most unhuman men; like Nero; Caracalla; Caligula; Louis XI; Charles IX; Louis XIII; etc。; showed signs of great cruelty; even in earliest childhood。 Perez cites attacks of anger and rage in children; Moreau; early development of the sense of vengeance; Lafontaine; their lack of pity。 Nasse also calls attention to the cruelty and savagery of large numbers of children; traits shown in their liking for horror…stories; in the topsy…turvy conclusion of the stories they tell themselves; in their cruelty to animals。 Broussais'1'


'1' ‘‘Irritation et Folie。''

 says; ‘‘There is hardly a lad who will not intentionally abuse weaker boys。 T

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