The same thing is true of the president, the jurymen and their
fellow-judges. It is observable that here and there a presiding justice
succeeds in boring all concerned during even criminal cases interesting
in themselves; the incident drags on, and people are interested only in
finally seeing the end of the matter. Other presiding justices again,
fortunately the majority, understand how to impart apparent importance
to even the simplest case. Whatever office anybody may hold,--he and his
mates are commissioned in the common task, and should the thing come up
for judgment, everybody does his best. The difference here is not due to
temperamental freshness or tediousness; the result depends only upon a
correct or incorrect psychological handling of the participants. The
latter must in every single case be led and trained anew to interest,
conscientiousness and co-operation. In this need lies the educational
opportunity of the criminal judge. Whether it arises with regard to the
accused, the witness, the associate justice, or the expert, is all one;
it is invariably the same.
That knowledge of human nature is for this purpose most important to the
criminalist will be as little challenged as the circumstance that such
knowledge can not be acquired from books. Curiously enough, there are
not a few on the subject, but I suspect that whoever studies or
memorizes them, (such books as Pockel’s, Herz’s, Meister’s, Engel’s,
Jassoix’s, and others, enumerated by Volkmar) will have gained little
that is of use. A knowledge of human nature is acquired only (barring of
course a certain talent thereto) by persevering observation, comparison,
summarization, and further comparison. So acquired, it sets its
possessor to the fore, and makes him independent of a mass of
information with which the others have to repair their ignorance of
mankind. This is to be observed in countless cases in our profession.
Whoever has had to deal with certain sorts of swindlers, lying
horsetraders, antiquarians, prestidigitators, soon comes to the
remarkable conclusion, that of this class, exactly those who flourish
most in their profession and really get rich understand their trade the
least. The horse-dealer is no connoisseur whatever in horses, the
antiquarian can not judge the value nor the age and excellence of
antiquities, the card-sharp knows a few stupid tricks with which, one
might think, he ought to be able to deceive only the most innocent
persons. Nevertheless they all have comfortable incomes, and merely
because they know their fellows and have practised this knowledge with
repeatedly fresh applications.
Public-domain text, read in full here on John Shaqi.
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