criminal psychology-第83章
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of examiners； and shows again that the witness is no more than an instrument which is valueless in the hands of the bounder； but which can accomplish all sorts of things in the hands of the master。
One must beware； however； of too free use of the most comfortable means；that of examples。 When Newton said； ‘‘In addiscendis scientiis exempla plus prosunt； quam praecepta；'' he was not addressing criminalists； but he might have been。 As might； also； Kant； when he proved that thinking in examples is dangerous because it allows the use of real thinking； for which it is not a substitute； to lapse。 That this fact is one reason for the danger of examples is certain； but the chief reason； at least for the lawyer； is the fact that an example requires not equality； but mere similarity。 The degree of similarity is not expressed and the auditor has no standard for the degree of similarity in the mind of the speaker。 ‘‘Omnis analogia claudicat'' is correct； and it may happen that the example might be falsely conceived； that similarity may be mistaken for equality； or at least； that there should be ignorance of the inequality。 Examples； therefore； are to be used only in the most extreme cases； and only in such wise； that the nature of the example is made very clearly obvious and its incorrectness warned against。
There are several special conditions； not to be overlooked。 One of these is the influence of expectation。 Whoever expects anything； sees； hears； and constructs； only in the suspense of this expectation； and neglects all competing events most astoundingly。 Whoever keenly expects any person is sensible only of the creaking of the garden door； he is interested in all sounds which resemble it； and which he can immediately distinguish with quite abnormal acuteness； everything else so disappears that even powerful sounds； at any event more powerful than that of the creaking gate； are overlooked。 This may afford some explanation for the very different statements we often receive from numerous observers of the same event； each one had expected a different thing； and hence； had perceived and had ignored different things。
Again； the opposition of the I and You in the person himself is a noteworthy thing。 According to Noel； this is done particularly when one perceives one's own foolish management： ‘‘How could you have behaved so foolishly！'' Generalized it might be restated as the fact that people say You to themselves whenever the dual nature of the ego becomes visible； i。 e。； whenever one no longer entertains a former opinion； or when one is undecided and carries about contradictory intentions； or whenever one wants to compel himself to some achievement。 Hence ‘‘How could you have done this？''‘‘Should you do this or should you not？''‘‘You simply shall tell the truth。''More nave people often report such inner dialogues faithfully and without considering that they give themselves away thereby； inasmuch as the judge learns at least that when this occurred the practical ego was a stranger to the considering ego； through whom the subjective conditions of the circumstances involved may be explained。
What people call excellent characterizes them。 Excellences are for each man those qualities from which others get the most advantage。 Charity； self…sacrifice； mercy； honesty； integrity； courage； prudence； assiduity； and however else anything that is good and brave may be called； are always of use to the other fellow but barely and only indirectly the possessor of the virtues。 Hence we praise the latter and spur others on to identical qualities （to our advantage）。 This is very barren and prosaic； but true。 Naturally； not everybody has advantage in the identical virtues of other people； only in those which are of use to their individual situation charity is of no use to the rich； and courage of no use to the protected。 Hence； people give themselves away more frequently than they seem to； and even when no revelation of their inner lives can be attained from witnesses and accused； they always express enough to show what they consider to be virtue and what not。
Hartenstein characterizes Hegel as a person who made his opponents out of straw and rags in order to be able to beat them down the more easily。 This characterizes not only Hegel but a large group of individuals whose daily life consists of it。 Just as there is nowhere any particularly definite boundary between sanity and foolishness； and everything flows into everything else； so it is with men and their testimonies； normal and abnormal。 From the sober； clear； and true testimony of the former； to the fanciful and impossible assertions of the latter； there is a straight； slowly rising road on which testimony appears progressively less true； and more impossible。 No man can say where the quality of foolishness beginsnervousness； excitement； hysteria； over…strain； illusion； fantasy； and pathoformic lies； are the shadings which may be distinguished； and the quantity of untruth in such testimonies may be demonstrated； from one to one hundred per cent。； without needing to skip a single degree。 We must not； however； ignore and simply set aside even the testimony of the outlaws and doubtful persons； because also they may contain some truth； and we must pay still more attention to such as contain a larger percentage of truth。 But with this regard we have our so…called smart lawyers who are over…strained； and it is they who build the real men of straw which cost us so much effort and labor。 The form is indeed correct； but the content is straw； and the figure appears subjectively dangerous only to its creator。 And he has created it because he likes to fight but desires also to conquer easily。 The desire to construct such figures and to present them to the authorities is widespread and dangerous through our habit of seeking some particular motive； hatred； jealousy； a long…drawn quarrel； revenge； etc。 If we do not find it we assume that such a motive is absent and take the accusation； at least for the time； to be true。 We must not forget that frequently there can be no other defining motive than the desire to construct a man of straw and to conquer him。 If this explanation does not serve we may make use finally of a curious phenomenon； called by Lazarus _heroification_； which repeats itself at various levels of life in rather younger people。 If we take this concept in its widest application we will classify under it all forms that contain the almost invincible demand for attention； for talking about oneself； for growing famous； on the part of people who have neither the capacity nor the perseverance to accomplish any extraordinary thing； and who； hence； make use of forbidden and even criminal means to shove their personalities into the foreground and so to attain their end。 To this class belong all those half…grown girls who accuse men of seduction and rape。 They aim by this means to make themselves interesting。 So do the women who announce all kinds of persecutions which make them talked about and condoled with； and the numerous people who want to do something remarkable and commit arson； then again certain political criminals of all times who became ‘‘immortal'' with one single stab； and hence devoted their otherwise worthless lives thereto； and finally； even all those who； when having suffered from some theft； arson； or bodily harm； defined their damage as considerably greater than it actually was； not for the purpose of recovering their losses； but for the purpose of being discussed and condoled with。
As a rule it is not difficult to recognize this ‘‘heroification；'' inasmuch as it betrays itself through the lack of other motives； and appears definitely when the intent is examined and exaggerations are discovered which otherwise would not appear。
Topic 5。 ASSOCIATION OF IDEAS。
Section 50。
The question of association is essentially significant for lawyers because； in many cases； it is only by use of it that we can discover the conditions of the existence of certain conceptions； by means of which witnesses may be brought to remember and tell the truth； etc。； without hypnotizing them； or overtesting the correctness of their statements。 We will cursorily make a few ge
