Criminal Psychology: A Manual for Judges, Practitioners,...

The word pleasure must of course be used in the loosest way, for one man finds his pleasure in sitting beside the stove or in the shadow, while another speaks of pleasure only when he can bring some change in his work. I consider it impossible not to understand a man whose pleasures are known; his will, his power, his striving and knowing, feeling and perceiving cannot be made clearer by any other thing. Moreover, it happens that it is a man’s pleasures which bring him into court, and as he resists or falls into them he reveals his character. The famous author of the “Imitation of Christ,” Thomas à Kempis, whose book is, saving the Bible, the most wide-spread on earth, says: “Occasiones hominem fragilem non faciunt, sed, qualis sit, ostendunt.” That is a golden maxim for the criminalist. Opportunity, the chance to taste, is close to every man, countless times; is his greatest danger; for that reason it was great wisdom in the Bible that called the devil, the Tempter. A man’s behavior with regard to the discovered or sought-out opportunity exhibits his character wholly and completely. But the chance to observe men face to face with opportunity is a rare one, and that falling-off with which we are concerned is often the outcome of such an opportunity. But at this point we ought not longer to learn, but to know; and hence our duty to study the pleasures of men, to know how they behave in the presence of their opportunities.

There is another group of conditions through which you may observe and judge men in general. The most important one is to know yourself as well as possible, for accurate self-knowledge leads to deep mistrust with regard to others, and only the man suspicious with regard to others is insured, at least a little, against mistakes. To pass from mistrust to the reception of something good is not difficult, even in cases where the mistrust is well-founded and the presupposition of excellent motives among our fellows is strongly fought. Nevertheless, when something actually good is perceivable, one is convinced by it and even made happy. But the converse is not true, for anybody who is too trusting easily presupposes the best at every opportunity, though he may have been deceived a thousand times and is now deceived again. How it happens that self-knowledge leads to suspicion of others we had better not investigate too closely—it is a fact.

Every man is characterized by the way he behaves in regard to his promises. I do not mean keeping or breaking a promise, because nobody doubts that the honest man keeps it and the scoundrel does not. I mean the manner in which a promise is kept and the degree in which it is kept. La Roche-Foucauld[84] says significantly: “We promise according to our hopes, and perform according to our fears.” When in any given case promising and hopes and performance and fears are compared, important considerations arise,—especially in cases of complicity in crime.

When it is at all possible, and in most cases it is, one ought to concern oneself with a man’s style,—the handwriting of his soul. What this consists of cannot be expressed in a definite way. The style must simply be studied and tested with regard to its capacity for being united with certain presupposed qualities. Everybody knows that education, bringing-up, and intelligence are indubitably expressed in style, but it may also be observed that style clearly expresses softness or hardness of a character, kindness or cruelty, determination or weakness, integrity or carelessness, and hundreds of other qualities. Generally the purpose of studying style may be achieved by keeping in mind some definite quality presupposed and by asking oneself, while reading the manuscript of the person in question, whether this quality fuses with the manuscript’s form and with the individual tendencies and relationships that occur in the construction of the thought. One reading will of course not bring you far, but if the reading is repeated and taken up anew, especially as often as the writer is met with or as often as some new fact about him is established, then it is almost impossible not to attain a fixed and valuable result. One gets then significantly the sudden impression that the thing to be proved, having the expression of which the properties are to be established, rises out of the manuscript; and when that happens the time has come not to dawdle with the work.

Repeated reading causes the picture above-mentioned to come out more clearly and sharply; it is soon seen in what places or directions of the manuscript that expression comes to light—these places are grouped together, others are sought that more or less imply it, and soon a standpoint for further consideration is reached which naturally is not evidential by itself, but has, when combined with numberless others, corroborative value.

Certain small apparently indifferent qualities and habits are important. There are altogether too many of them to talk about; but there are examples enough of the significance of what is said of a man in this fashion: “this man is never late,” “this man never forgets,” “this man invariably carries a pencil or a pocket knife,” “this one is always perfumed,” “this one always wears clean, carefully brushed clothes,”—whoever has the least training may construct out of such qualities the whole inner life of the individual. Such observations may often be learned from simple people, especially from old peasants. A great many years ago I had a case which concerned a disappearance. It was supposed that the lost man was murdered. Various examinations were made without result, until, finally, I questioned an old and very intelligent peasant who had known well the lost man. I asked the witness to describe the nature of his friend very accurately, in order that I might draw from his qualities, habits, etc., my inferences concerning his tendencies, and hence concerning his possible location. The old peasant supposed that everything had been said about the man in question when he explained that he was a person who never owned a decent tool. This was an excellent description, the value of which I completely understood only when the murdered man came to life and I learned to know him. He was a petty lumberman who used to buy small wooded tracts in the high mountains for cutting, and having cut them down would either bring the wood down to the valley, or have it turned to charcoal.

In the fact that he never owned a decent tool, nor had one for his men, was established his whole narrow point of view, his cramped miserliness, his disgusting prudence, his constricted kindliness, qualities which permitted his men to plague themselves uselessly with bad tools and which justified altogether his lack of skill in the purchase of tools. So I thought how the few words of the old, much-experienced peasant were confirmed utterly—they told the whole story. Such men, indeed, who say little but say it effectively, must be carefully attended to, and everything must be done to develop and to understand what they mean.

But the judge requires attention and appropriate conservation of his own observations. Whoever observes the people he deals with soon notices that there is probably not one among them that does not possess some similar, apparently unessential quality like that mentioned above. Among close acquaintances there is little difficulty in establishing which of their characteristics belong to that quality, and when series of such observations are brought together it is not difficult to generalize and to abstract from them specific rules. Then, in case of need, when the work is important, one makes use of the appropriate rule with pleasure, and I might say, with thanks for one’s own efforts.

One essential and often useful symbol to show what a man makes of himself, what he counts himself for, is his use of the word we. Hartenstein[85] has already called attention to the importance of this circumstance, and Volkmar says: “The we has a very various scope, from the point of an accidental simultaneity of images in the same sensation, representation or thought, to the almost complete circle of the family we which breaks through the I and even does not exclude the most powerful antagonisms; hatred, just like love, asserts its we.” What is characteristic in the word we is the opposition of a larger or smaller group of which the I is a member, to the rest of the universe. I say we when I mean merely my wife and myself, the inhabitants of my house, my family, those who live in my street, in my ward, or in my city; I say we assessors, we central-Austrians, we Austrians, we Germans, we Europeans, we inhabitants of the earth. I say we lawyers, we blonds, we Christians, we mammals, we collaborators on a monthly, we old students’ society, we married men, we opponents of jury trial. But I also say we when speaking of accidental relations, such as being on the same train, meeting on the same mountain peak, in the same hotel, at the same concert, etc. In a word we defines all relationships from the narrowest and most important, most essential, to the most individual and accidental. Conceivably the we unites also people who have something evil in common, who use it a great deal among themselves, and because of habit, in places where they would rather not have done so.

It is so conceivable that man as a social animal seeks companionship in so many directions that he feels better protected when he has a comrade, when he can present in the place of his weak and unprotected I the stronger and bolder we; and hence the considerable and varied use of the word. No one means that people are to be caught with the word; it is merely to be used to bring clearness into our work. Like every other honest instrument, it is an index to the place of the man before us.