Criminal psychology

“ It is ever easy for us when motive and crime are in open connection: greed, theft; revenge, arson; jealousy, murder; etc. In these cases the whole business of examination is an example in arithmetic, possibly difficult, but fundamental. When, however, from the deed to its last traceable grounds, even to the attitude of the criminal, a connected series may be discovered and yet no explanation is forthcoming, then the business of interpretation has reached its end; we begin to feel about in the dark. ”

“ We know of countless criminal cases which we face powerless because we do indeed know the criminal but are unable to explain the causal connection between him and the crime, or because, again, we do not know the criminal, and judge from the facts that we might have gotten a clew if we had understood the psychological development of the crime. ”

“ Thus in our everyday life, as in science, we very often find intermediate types, for complete and unmixed types are always the most uncommon. And whilst legislators and judges, in their complacent psychology, exact and establish marked lines of cleavage between the sane and the insane criminal, experts in psychiatry and anthropology are often constrained to place a prisoner somewhere between the mad and the born criminal, or between the occasional criminal and the normal man. ”

“ The most direct driving forces of misconduct therefore are very properly to be regarded as material for study which comes well within the province of the science of mental life. (It must have been this which led the great jurist and criminalist, Gross, to state that psychological valuations must ultimately become the basis of all criminal law.) An individual differential psychology is involved which requires knowledge of the bearings which many varieties of mental conditions have upon action. ”

“ Though to do so is always precarious, something approaching general statement must be employed to demarcate different grades of lawbreakers; yet attempt to classify criminals and keep them classified, must, in measure, go by the boards. Hence, for one reason, our caption reads, “Psychology and Criminal,” instead of “Psychology of the Criminal.”
There is no such thing as psychology of the criminal. There is psychology of a given criminal, under given circumstances, in a given environment, after a given bringing-up. ”

“ If the general assertion is true that increased national education has reduced brawling, damages to property, etc., and has increased swindling, misappropriations, etc., we have made a great mistake. For the psychological estimation of a criminal, the crime itself is not definitive; there is always the question as to the damage this individual has done his own nature with his deed. If, then, a peasant lad hits his neighbor with the leg of a chair or destroys fences, or perhaps a whole village, he may still be the most honorable of youths, and later grow up into a universally respected man. ”

“ The mistake regularly made in such a case is the immediate and superficial search for the personality of the criminal instead of what should properly proceed—the study of the causal conditions of the crime. For the causal law does not say that everything which occurs, taken as a whole and in its elements, has one ground—that would be simply categorical emptiness. What is really required is an efficient and satisfying cause. ”

“ A student of pharmacy became a hangman for the same reason and a rich Dutchman paid the butchers for allowing him to kill oxen. If, then, one is dealing with a crime which points to extraordinary cruelty, how can one be certain about its motive and history without knowing the history of the criminal? ”

“ I fully believe that in time the study of the psychotic phenomena developing in criminals will give us a correct insight into the nature of the criminal personality and thus aid in the solution of that problem which baffles criminologists today.
We know that while pure experimental psychology and psychopathology have aided us in understanding the human mind both in health and disease, we owe the bulk of our knowledge in this field to the investigations of Nature’s phenomena and experiments. ”

“ Psychology can be of service in the examination of the criminal himself. Through association tests and in other ways, the guilt or innocence of the prisoner can often be determined, and his intellectual status can also be determined. The prisoner may be insane, or feeble-minded, or have some other peculiar mental disorder. Such matters fall within the realm of psychology. After a prisoner has been found guilty, the court should have the advice of the clinical psychologist in deciding what should be done with him. ”

“ The second part of the work turns upon the suspicion of a definite person when his own activity is interpolated as a cause of the crime. Under some conditions again, the effect of the crime on the criminal has to be examined, i.e., enrichment, deformation, emotional state, etc. ”

“ With a better understanding of psychopathic phenomena, the underlying psychology of criminology becomes more clearly defined. Maladjustment may express itself in an insane outbreak, criminal act, or in an anti-social deed, indeed, in all of them the underlying phenomenon is a psychopathic condition which comes under the realm of abnormal psychology. The large group of criminals SHOULD not be looked upon as a homogenous class, but the individuality of criminal and the type of the delinquent act in reaction to his heredity, mental make-up and environmental influences should be fully considered. ”

“ Many a larceny, robbery, possibly murder, many a crime springing from jealousy, many sexual offenses become intelligible when one learns that the criminal had at one time possessed the object for the sake of which he committed the crime, and having lost it had tried with irresistible vigor to regain it. ”

“ He must indeed study not only whether and how crime and criminal are causally related, but also how their individual elements are bound to each other and to the criminal; and finally, what causation in the criminal, considered with regard to his individual characteristics, inevitably led to the commission of the crime. The fact that we deal with the problem of cause brings us close to other sciences which have the same task in their own researches;{118} and this is one of the reasons for the criminalist’s necessary concern with other disciplines. ”

“ The spirited Abbé de Baëts, said at a meeting of criminalists in Brussels, that the present tendency of the science of criminal law demands the observation of the facts of the daily life. In this observation consists the alpha and omega of our work; we can perform it only with the flux of sensory appearances, and the law which determines this flux, and according to which the appearances come, is the law of causation. But we are nowhere so neglectful of causation as in the deeds of mankind. A knowledge of that region only psychology can give us. ”

“ In imitation of this principle, criminal anthropologists seek to devise a means of making offenders serviceable to civilisation by carefully analysing their tendencies and psychology, and fitting them into some suitable groove in the social scheme, where they may be useful to themselves and to others. Side by side with depraved instincts, criminals frequently possess invaluable gifts: an abnormal degree of intelligence, great audacity, and love of innovation. ”

“ The criminalist studies the physiological psychology [172] of the senses and their functions, in order to ascertain their nature, their influence upon images and concepts, their trustworthiness, their reliability and its conditions, and the relation of perception to the object. The question applies equally to the judge, the jury, the witness, and the accused. Once the essence of the function and relation of sense-perception is understood, its application in individual cases becomes easy.{188}
The importance of sense-perception need not be demonstrated. ”

“ At the very least, we shall be able to find the sole possibility of the explanation of the nature or manner of a crime in the origin of the stimulus to some particular{416} imitation. Among youthful persons, women especially, there will be some anticipatory image which serves as a plan, and this will explain at least the otherwise inexplicable and superfluous concomitants like unnecessary cruelty and destruction. ”

“ What here requires thought is the fact that we criminalists often judge situations we do not know. When the peasant, the unskilled laborer, or the craftsman, does anything, we know only superficially the deed’s nature and real status. We have, as a rule, no knowledge of the perpetrator’s habits, and when we regard some one of his actions as most reprehensible,—quarrel or insult or maltreatment of his wife or children—he responds to us with a most astounded expression. He is not habituated to anything else, and we do not teach him a better way by punishing him. ”

“ Lastly we have the other class of individuals who are not born to crime, but are not firmly upright, alternating between vice and virtue, with imperfect moral sense, education and training, for whom punishment may be genuinely useful as a psychological motive. It is just this class which yields the large contingent of occasional criminals, for whom punishments are efficacious if they are directed in their execution by the axioms of scientific psychology, and especially if they are aided by the social prevention which reduces the number of opportunities of committing crimes and offences. ”

“ To ease the step from ideas to their expression, to estimate motive and intention, to know and appraise at their proper value the logical weaknesses and personal foibles of all kinds and conditions of offenders and witnesses,—to do this in accord with high standards, requires that men as well as evidence shall be judged. Allied to this problem which appeals to a large range of psychological doctrine, there is yet another which appeals to a yet larger and more intricate range,—that of human character and condition. ”

“ What we have to do is to discover what might have happened without passion, and especially to protect ourselves from being in person overcome by passion or affection. It is indubitable that the most “temperamental” of the criminalists are the best, for phlegm and melancholy do not carry one through an examination. The lively and the passionate judges are the most effective, but they also have the defects of their virtues. No one will deny that it is difficult to maintain a calm demeanor with an impudent denying criminal, or in the face of some very cruel, unhuman, or terrible crime. ”

“ 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.” ”

“ Speaking on this subject to the American Congress at Washington on October 4, 1910, Sir Evelyn Ruggles-Brise, K.C.B., the esteemed chairman of our Prison Commissioners, made the following statement—
“There is no criminal type. Nothing in the past has so retarded progress as the conviction, deeply rooted and widespread, that the criminal is a class by himself, different from all others, with a tendency to crime, of which certain peculiarities of body are the outward and visible signs. ”

“ The legal classification of criminals according to the nature of their crime is manifestly of no use for scientific purposes. What we need is a classification of criminals according to their own peculiar nature. Inasmuch as the nature and conduct of a criminal person is largely a matter of his psychology the most scientific classification of criminals must be upon a psychological basis; and a simple psychological classification can be made upon the basis of habit, that is, as to whether the habit of crime is inborn, acquired, or not yet formed. ”

“ But the evidence of guilt is established only when the crime is accurately and explicitly described as the inevitable result of the activity of the criminal and his activity only. This systematic work of observing and correlating every instant of the supposed activities of the accused (once the situation of the crime is defined as certainly as possible) , is as instructive as it is promising of success. It is the one activity which brings us into touch with bare perception and its reproduction. “All inference with regard to facts appears to depend upon the relation of cause to effect ”

“ But taken even literally, this is not all the psychology required by the criminalist. No doubt crime is an objective thing. Cain would actually have slaughtered Abel even if at the time Adam and Eve were already dead. But for us each crime exists only as we perceive it,—as we learn to know it through all those media established for us in criminal procedure. But these media are based upon sense-perception, upon the perception of the judge and his assistants, i.e.: upon witnesses, accused, and experts. Such perceptions must be psychologically validated. ”

“ The difference between the effects of these two causes will hardly be great, but testimony dependent on this altered character of mental activity will have little reliability. Hallucinations, false memories, melancholic accusations of self, particularly, may also be explained in terms of such excitement. We criminalists have frequently to deal with people in above-named conditions, and when we receive intelligent answers from them we must never set them aside, but must carefully make note of them and estimate them in the light of expert advice. ”