【英文文学】Psychology and Crime.docx

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1、【英文文学】Psychology and CrimePREFACESincerely do I hope that the issue of this little book may prove useful in drawing the attention of the public to the mental and physical condition of the unfortunates who form such a large proportion of our prison population.To our authorities the sad plight of this

2、 mass of smitten humanity is well known. Year after year our Prison Commissioners, in presenting their reports, have not failed to impress upon the State the great part physical and mental afflictions play in the production of crime.So far, the information given by the Prison Commissioners has produ

3、ced little or no effect; neither have their representations led to any alteration in the treatment of unfortunate individuals whose infirmities are in reality the root cause of their delinquency.To the official information I add the result of my own prolonged experience. This experience has imbued m

4、e with the conviction that the present methods of dealing with suffering humanity are neither wise, just, nor efficacious. I have seen the helplessness of so many that are called criminals that, in writing these pages, I am animated with a keen desire to hasten the day of sensible reform. Surely the

5、 day cannot be far distant when the State will take mental and physical infirmities into consideration when it has to deal with its erring children.Thomas Holmes.Howard Association,Devonshire Chambers, Bishopsgate.CHAPTER I PSYCHOLOGY AND CRIMEI hope that no one will be prevented from reading this c

6、hapter by its title, for let me say at once that I am not the least bit scientific. Whatever I have to say will be expressed in very simple language, and further, that in the writing of it I am animated with the desire of conveying to thoughtful and non-scientific readers some of the personal causes

7、 that lead individuals to commit actions that are deemed criminal.Of the social and industrial causes of crime I shall be silent, for whole volumes have been and can still be written on those subjects, and though to me they are very inviting topics, I must within the compass of this little book igno

8、re them.I shall of course speak “right on” and tell of what I have seen and known during my many years experience of Londons criminals.Indeed, I have no other qualification than this: that for twenty-five years I have spent my days in London police courts, and my evenings with discharged prisoners.2

9、I may also add to these opportunities for study, frequent visits to prisons, and confidential talks with prisoners.It will, I think, be admitted that I have had privileged opportunities for learning something, but by no means everything, of the characteristics, mentality and personality of law-break

10、ers.Of a certainty, considering the extent of my opportunities, I must have been dull if I had not learned much, or what is perhaps of more importance, unlearned a great deal more about the personal causes of crime.I will therefore draw upon my own experience, feeling quite sure that a non-scientifi

11、c book, though small in size and free from pretensions, will be a welcome addition to the long list of books that have been written upon this interesting subject.To me it is a most inviting subject, yet it is a singularly dangerous one; for when any one undertakes to explain the working of another m

12、ans mind, and to give reasons for the other mans actions, he assumes a knowledge that he cannot possess, though he may honestly believe that he possesses it. In reality he makes statements that cannot be proved, but they are statements that cannot be disproved.The list of scientific books on this su

13、bject is a long one, indeed it is almost interminable. Many of these books are voluminous in size and terrifying in title. Some of these, written by men of eminence, have their uses, and may be considered 3standard works. Neither can there be the slightest doubt that the accumulated experience, rese

14、arch or opinions of thinking men have, and have very rightly, a title to serious consideration.But when any book professes to be a kind of mental “ready reckoner” for judges, magistrates and others who are called upon to adjudicate upon the guilt or innocence of individuals, and to apportion punishm

15、ent, I for one feel suspicious as to the value of that book for its specified purpose.It is, no doubt, a comforting thought to many who have to sit in judgment upon others, that they can have access to books written by learned scientists that will afford them light and leading on the mysteries of cr

16、iminal psychology.But is it possible to explore the innermost recesses of a criminals mind, or to follow the workings of passion, instinct, mania or whim in any selected prisoner?With all respect I venture to say it is not possible. The pretension to such knowledge is at once dangerous and misleadin

17、g; and though many things in a book of this description may be true and instructive, the great bulk of it must be pure conjecture. So far as my experience goes, no two criminals are alike; but while they vary as ordinary people vary, they are far more careful than ordinary people to conceal their th

18、oughts, and, believe me, they are far more successful in their endeavours.As a matter of fact, the criminal, especially the habitual criminal, lives in a world of self-repression. In prison he is not only shut up, but he also shuts 4himself up. He gives nothing away to his would-be investigators.He

19、is cute enough to know what the investigator is after, and clever enough to give answers that will please his questioner and confirm him in judgments that he has already formed: though probably there is not more than a grain of truth in the whole of the answers he will give. I am led to these remark

20、s by the fact that all round me as I write are books that deal with the crime of the world, hundreds of them, and a weird collection they form.As I sit and look at them they fascinate me, almost cast a spell over me. But when I rise from my desk, take one into my hand and read but a single page, I a

21、m disillusioned.For I realise that the writer knows no more of the true inwardness of things appertaining to the criminal mind, than ordinary observant men may know.True, he can mystify us with scientific terms; he can talk about the conscious and the subconscious, and many other speculative things.

22、 He can give us measurements of the body and describe the exact angle at which a criminals ears stand, and the angle at which his chin recedes.But when from these he proceeds to reveal the recesses of the mind at the back of the big ears, or the little chins, we feel that we are on an equality with

23、the writer, for we know as much upon the matter as scientists or specialists can know.Now these books have been written by all sorts 5of people: doctors of law and of medicine, scientists, professors, governors and chaplains of prisons, journalists and self-appointed specialists.Mostly they come to

24、us from the continent of Europe, where the various schools of psychological thought contend for mastery.The Lombrosian school tells us how to detect the criminal by his physical conformation, or by the convolutions of his brain; but as the brain cannot be dissected while the criminal lives, this met

25、hod of identification is of no practical use.Another school will tell us how to detect the criminal by his behaviour whilst undergoing interrogation or standing his trial, when, not only his appearance, but his actions also are to be closely observed by judge and jury.Should the accused smooth the h

26、air upon his head with his hand, it is a sign of fear, for he feels a sensation at the roots of his hair as though each particular hair was standing on its end. He therefore involuntarily attempts to smooth it down. Now all this may be true, but it conveys nothing, and to take it as a sign of guilt

27、is childishly absurd.A perfectly innocent person may have a greater sense of fear than the most guilty criminal, for certainly the ultimate consequences of the trial are to him of far greater importance, and more likely to produce the sensation of fear. I have before me the latest addition to this c

28、lass of book, so far as England is concerned. It numbers no 6less than five hundred pages, and each page contains at least four hundred words.It comes to us from Austria, via America. Its translation into English must have been a stupendous task, for the author has laid the world under contribution,

29、 and given us selections from, and references to, hundreds of books dealing with criminal psychology: the result being an intensely interesting book.Just how far the demeanour, actions and traits of foreign criminals may furnish safe guidance in the judgment of English prisoners, neither author nor

30、translator tell us. But as the peculiarities of crime and criminals are generally questions of latitude and longitude, climate, environment, social condition and national temperament, so it seems to me that the psychology and mannerism of criminals must differ accordingly, and that the rules set up

31、for guidance in one part of the world may be quite inapplicable to another part.The author tells us that this book is a “manual” for judges, practitioners and students; for it deals not only with the psychology of criminals or suspected criminals, but with that of judges, magistrates, witnesses and

32、police also. To every thoughtful layman I would heartily recommend this book, for it is well worth reading and pondering; but I would rigidly prevent all judges, magistrates and jurymen having access to it. Why? Because it is their business and prerogative to decide upon the guilt or innocence 7of t

33、he prisoner according to the weight of the evidence, every detail of which demands their concentrated attention if justice is to be done.I can imagine nothing more disastrous to the administration of justice than a course of study of what is called criminal psychology. Students of human nature I wou

34、ld have them all to be, for such study is essential and leads to nothing but good. But to issue “manuals” that profess to instruct them upon the mysterious working of the human mind; to teach them to weigh the relative worth of provincial mannerism and individual characteristics; to tell the value o

35、f a look of the eyes, the smile of the face, and the movement of the hands; to teach them to notice all these things, and then by a process of inductive reasoning to decide upon the guilt or innocence of the individual may be criminal psychology, but it is rubbish none the less, and dangerous rubbis

36、h too!Do the eminent writers of these books ever consider the effect likely to be produced on the minds of judges, magistrates and jurors who may read, believe and adopt their teaching?Humbly, but very earnestly, I say that any magistrate, judge or juror who is steeped in this kind of teaching is qu

37、ite unfitted by his supposed knowledge for the task he has in hand. For of all men, judges require the open mind and the clean slate and with them there must be no judgment formed apart from the evidence of fact. They of all men must not be inflated with the 8idea that they can “read people”can see

38、through them; that they, independently of evidence, can give a correct judgment.Let us suppose that we compelled our magistrates, great and small, to pass an examination in criminal psychology, using these “manuals” as textbooks. I venture to say that a queer state of things would follow. The action

39、 of magistrates would be dominated by their own individual psychology, and their own psychology would be dominated by the effect the “manual” had produced on their mind. The shallow man would be assured of his competence and knowledge, and he would, to his own satisfaction at least, know all about i

40、t. But the greater man would hesitate; he would be in a quandary, on the horns of a dilemma, for he would find that the formula of his “manual,” by which he was to form an opinion as to the guilt of the prisoner, applied with equal force to the innocence of the prisoner.Let us suppose a case where t

41、hree magistrates form a Bench, each having been trained according to the “manual.” No. 1 is certain; No. 2 is diffident, and No. 3 is a dreamer and greatly interested in subconsciousness.A prisoner is before them on a disgraceful charge; he is innocent, and has hitherto lived an irreproachable life.

42、 The prisoner protests his innocence, but cannot control himself; he wipes his brow, he smooths his hair, he clenches his fist, and his eyes flash fiercely.Magistrate No. 1 notices all these things and 9says to himself: “The prisoner has no self-control; he is in fear, he is passionate, he is charge

43、d with a crime of passion, he is guilty!” But magistrate No. 2 also notices all these things and says to himself: “The prisoner is indignant, he feels his position acutely, for he is a respectable man; he fears the consequences the more because he is an innocent man; I am for his acquittal, but I am

44、 not sure, for his bearing is compatible with guilt or innocence.” Magistrate No. 3 has been eagerly looking for some proof of subconsciousness, and not having discovered any, he is uninterested in the mental equation that excites his colleagues.Happy will that Bench be if it possesses a common-sens

45、ed old chairman who has not graduated in criminal psychology: who is content to be guided entirely by the actual evidence; and happy will it be for the innocent prisoner too!So far as I have read these “manuals,” and so far as my personal experience goesand it is not a short oneI have discovered no

46、outward and visible signs that indicate a prisoners guilt that may not at the same time be taken as an indication of the prisoners innocence.But supposing that our worthy magistrates, not being satisfied on psychological grounds, or for other reasons, decide to commit the prisoner for trial by judge

47、 and jury. Why, then, there will be curious happenings if judge and jury, with prosecuting and defending counsel, have been trained as per “manual.”For the psychology of the various witnesses 10must be examined, declared and rebutted. The mentality of the police must be exposed, dilated upon, attack

48、ed and defended, and a clever lawyer would find ample scope for his ability by probing and peering into the mind of his lordship the judge. Really there would be no end to the possibilities, and a pretty state of things would eventuate, for the jury, although having previously given satisfactory pro

49、of that their minds were in good working order, would before the end be reduced to a psychological state bordering on imbecility, and would be rendered quite incapable of any but a confused judgment.No, I am not exaggerating, for one “manual” in my possession gives instruction upon all these and hundreds of other useless points.This may be considered as psychology