Well, all this is just a game, and no one would dare to draw conclusions
concerning our so serious work from such observations merely. But they
can have a corroborative value if they are well done, when large
numbers, and not an isolated few, are brought together, and when
appropriate analogies are brought from appropriate cases. Such studies,
which have to be sought in the daily life itself, permit easy
development; if observations have been clearly made, correctly
apprehended, and if, especially, the proper notions have been drawn from
them, they are easily to be observed, stick in the memory, and come
willingly at the right moment. But they must then serve only as indices,
they must only suggest: “perhaps the case is the same to-day.” And that
means a good deal; a point of view for the taking of evidence is
established, not, of course, proof as such, or a bit of evidence, but a
way of receiving it,--perhaps a false one. But if one proceeds carefully
along this way, it shows its falseness immediately, and another
presented by memory shows us another way that is perhaps correct.
The most important thing in this matter is to get a general view of the
human specimen--and incidentally, nobody needs more to do this than the
criminalist. For most of us the person before us is only “A, suspected
of _x_.” But our man is rather more than that, and especially he was
rather more before he became “A suspected of _x_.” Hence, the greatest
mistake, and, unfortunately, the commonest, committed by the judge, is
his failure to discuss with the prisoner his more or less necessary
earlier life. Is it not known that every deed is an outcome of the total
character of the doer? Is it not considered that deed and character are
correlative concepts, and that the character by means of which the deed
is to be established cannot be inferred from the deed alone? “Crime is
the product of the physiologically grounded psyche of the criminal and
his environing external conditions.” (Liszt). Each particular deed is
thinkable only when a determinate character of the doer is brought in
relation with it--a certain character predisposes to determinate deeds,
another character makes them unthinkable and unrelatable with this or
that person. But who thinks to know the character of a man without
knowing his view of the world, and who talks of their world-views with
his criminals? “Whoever wants to learn to know men,” says Hippel,[82]
“must judge them according to their wishes,” and it is the opinion of
Struve:[83] “A man’s belief indicates his purpose.” But who of us asks
his criminals about their wishes and beliefs?
Public-domain text, read in full here on John Shaqi.
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