Gross, I 337.
is said on the death-bed may always, especially if the confessor is positively
religious, be taken to be true. It is known that under such
circumstances the consciousness of even mentally disturbed people
and idiots becom
should hardly believe a known burglar if he were to tell us such a
(e) _The Lie_.
Section 108. (I) I. General Considerations.
In a certain sense a large part of the criminalist's work is nothing
more than a battle against lies.
 Andrew Combe: Observations on Mental Derangement. Edinburgh
Things that are thought are expressed just as involuntarily during
intoxication, and thus the insults, etc., are accomplished.
What is never believed, but yet may be
19] Marro: I caratteri dei deliquenti. Turin 1887. I carcerati. Turin 1885.
 Havelock Ellis: The Criminal. London 1890.
 A. Baer: Der Verbrecher Leipzig 1893.
 Koch. Die Frage nach dem geborenen Verbrecher. Ravensberg 1894.
relation between inclination and character, and the agreement will
be only general when a man's character is called all those things to
which he is naturally, or by education, inclined. But it is certain
that a good or bad character ex
speedily the great differences in efficiency between those who do
and those who do not possess such qualities. That they are important
to witnesses and accused is undoubted. But this importance
is manifest to still others. The intercou
hand in some degree.
A remarkable case of this kind was that of a suspect of child
murder. The girl told that she had given birth to the child all
alone, had washed it, and then laid it on the bed beside herself.
She had also observed
but too low, remained hanging and tumbled; he got up, rubbed his
knee, went back, ran again and came over magnificently-and how
magnificently will he achieve all things in life, for he has will,
fearlessness, and courageous endurance!-
various in various sciences, and it would be absorbing to establish
the difference between what is called proved and what only probable
in a number of given examples by the mathematician, the physicist,
the chemist, the physician, the
opinions concerning the determination of its value-whether it is to
be determined by the physician or by the judge, and finally, how
little we know about suggestion anyway. Everything is assigned to
suggestion. In spite of the great li
the unaccustomed person. We need only to imagine the most
ordinary scene in an opera, i. e., a declaration of love, sung; an
aria declining it; an aria before committing suicide; a singing choir
with a moral about this misfortune. Has
so that their confirmation by others is rare. On the other hand,
every one of us knows habits of his own or of his friends which
would not be believed when cited, and which would be very difficult
to prove when the need arose. The infl
inclinations, roofs, etc., appear so steep in the distance that it is
said to be impossible to move on them without especial help. But
whoever does move on them finds the inclination not at all so great.
Hence, it is necessary, wheneve
deception; the narrator becomes uncertain, he recalls that, because
of a lively imagination, he has already believed himself to have
seen things otherwise than they actually were, and finally he admits
that the matter might probably ha
favor of most men is won by nothing so easily and completely as
by real or apparent devotion and interest. If this is done at all
cleverly, few can resist it, and the prepossession in their favor is
complete. How many are free of preju
to undervalue, often to distrust tearful women. Mantegazza points
out that every man over thirty can recall scenes in which it was
difficult to determine how much of a woman's tears meant real
pain, and how much was voluntarily shed
to the character of mankind, and even if we say, perhaps, that we
might have behaved similarly under like circumstances, if we really
cannot find something absolutely evil in the deed, the criminal quality
of it is throughout reduced.
 Mantegazza: Fisiologia del piacere.
Objectivity is another property that women lack. They tend
always to think in personalities, and they conceive objects in terms
of personal sympathies. Tell a woman about a case so that her
are prevented from reducing the changes of the retinal image to the
movement of our body or of our eyes. This reduction goes on so
unconsciously that we see the idea of the object and its condition
as a unit. Again, it is indubitable t
always wise to be cautious.
Of course, there are exceptions, and it is well-known that exceptions
occur by way of extreme contrast. If an old maid does not possess
the unpleasant characteristics of her breed, she is extraordinarily
(c) If a denying fellow-criminal is accused by a confession, the
interpretation of the latter becomes difficult. First of all, the pure
kernel of the confession must be brought to light, and everything
set aside that might serve to fre
real criminal or for the destruction of compromising objects). Generally,
in the latter case, guilt is admitted only until the plan for which
it was made has succeeded; then the judge is surprised with well Cf. Lohsing: `Confession'
estimation of a criminal, the crime itself is not definitive;
there is always the question as to the damage this individual has
done his own nature with his deed. If, then, a peasant lad hits his
neighbor with the leg of a chair or des
of some passing pain and which have no significance. Such movements
are often of the greatest clearness, and do not permit the
unexperienced observer to doubt that they have important meanings,
although they have no relation whatever t
extreme tension, then the effort _in venere_, finally, perhaps also the
use of popularly well-known stimulants, etc., may easily cause
weakening, sickening, and as conclusion the death of the old man.
But the public does not draw this
NOELLNER, F. Criminal-psychologische Denkwbrdigkeiten. Stuttgart,
PARIGOT, J. Moral Insanity in relation to Criminal Acts. N. Y., 1861.
PARMELEE, M. The Principlos of Anthropology and Sociology in their
Relations to Criminal Proc