This is the more necessary inasmuch as we may be easily deceived through
apparent motives. “Inasmuch as in most capital crimes two or more
motives work together, an ostensible and a concealed one,” says
Kraus,[88] “each criminal has at his command apparent motives which
encourage the crime.” We know well enough how frequently the thief
excuses himself on the ground of his need, how the criminal wants to
appear as merely acting in self-defense during robberies, and how often
the sensualist, even when he has misbehaved with a little child, still
asserts that the child had seduced him. In murder cases even, when the
murderer has confessed, we frequently find that he tries to excuse
himself. The woman who poisons her husband, really because she wants to
marry another, tells her story in such a way as to make it appear that
she killed him because he was extraordinarily bad and that her deed
simply freed the world of a disgusting object. As a rule the
psychological aspect of such cases is made more difficult, by the reason
that the subject has in a greater or lesser degree convinced himself of
the truth of his statements and finally believes his reasons for excuse
altogether or in part. And if a man believes what he says, the proof
that the story is false is much harder to make, because psychological
arguments that might be used to prove falsehood are then of no use. This
is an important fact which compels us to draw a sharp line between a
person who is obviously lying and one who does believe what he says. We
have to discover the difference, inasmuch as the self-developed
conviction of the truth of a story is never so deep rooted as the real
conviction of truth. For that reason, the person who has convinced
himself of his truth artificially, watches all doubts and objections
with much greater care than a man who has no doubt whatever in what he
says. The former, moreover, does not have a good conscience, and the
proverb says truly, “a bad conscience has a fine ear.” The man knows
that he is not dealing correctly with the thing and hence he observes
all objections, and the fact that he does so observe, can not be easily
overlooked by the examining officer.
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