Crime -- Great Britain; Criminals -- Great Britain; Psychology, Pathological
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 would 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 of 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 rubbish 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 quite 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 idea that they can “read people”—can see
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 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 it. 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 three 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. 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.
Public-domain text, read in full here on John Shaqi.
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