Criminal Psychology by Hans Gross (best book recommendations .TXT) π
All this has been going on in Europe for forty years past, and in limited fields in this country. All the branches of science that can help have been working,--anthropology, medicine, psychology, economics, sociology, philanthropy, penology. The law alone has abstained. The science of law is the one to be served by all this. But the public in general and the legal profession in particular have remained either ignorant of
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In another direction, again, it is the deaf who have especial power.
So, we are assured by Abercrombie that in his medical practice he had frequently observed how deaf people will perceive the roll of an approaching wagon, or the approach of a person, long before people with good hearing do so. For a long time I owned an Angora which, like all Angoras, was completely deaf, and her deafness had been tested by physicians. Nevertheless, if the animal was dozing somewhere and anybody came near it, she would immediately notice his steps, and would distinguish them, for she would jump up frightened, if the newcomer was unknown, and would stretch herself with pleasure in the expectation of petting if she felt a friend coming.
She would sense the lightest touch on the object she occupied, bench, window-seat, sofa, etc., and she was especially sensitive to very light scratching of the object. Such sensitivity is duplicated frequently in persons who are hard of hearing, and whom, therefore, we are likely to doubt.
The sense of touch is, moreover, improved not only by practice, but also by the training of the muscles. Stricker asserts that he has frequently noticed that the observational capacity of individuals who make much use of their muscles is greater than among persons whose habits are sedentary. This does not contradict the truth established by many experiments that the educated man is more sensitive in all directions than the uneducated. Again, women have a better developed sense of touch than men, the space-sense and the pressure-sense being equivalent in both sexes. On these special forms of the touch-sense injections of various kinds have decided influence. The injection of morphine, e. g., reduces the space-sense in the skin. Cannabinum tannicum reduces sensibility and alcohol is swift and considerable in its effects. According to Reichenbach some sensitives are extreme in their feeling. The <p 217>
best of them notice immediately the approach and relative position of people, or the presence of another in a dark room. That very nervous people frequently feel air pressure, fine vibrations, etc., is perfectly true. And this and other facts show the great variety of touch impressions that may be distinguished. The sense of temperature has a comparatively high development, and more so in women than in men. At the lips and with the tips of the fingers, differences of two-tenths of a degree are perceived. But where an absolute valuation and not a difference is to be perceived, the mean variation, generally, is not much less than 4 degrees. E. g., a temperature of 19 degrees R. will be estimated at from 17 to 21 degrees. I believe, however, that the estimation of very common temperatures must be accepted as correct. E. g., anybody accustomed to have his room in winter 14 degrees R. will immediately notice, and correctly estimate, the rise or fall of one degree. Again, anybody who takes cold baths in summer will observe a change of one degree in temperature.
It will, therefore, be possible to believe the pronouncements of witnesses concerning a narrow range of temperatures, but all the conditions of perception must be noted for the differences are extreme. It has been shown, e. g., that the whole hand finds water of 29 degrees R. warmer than water of 32 degrees R. which is merely tested with the finger. Further, Weber points out,[1] βIf we put two adjacent fingers into two different warm fluids the sensations flow together in such a way that it is difficult to distinguish differences.
But if we use two hands in this test, it is especially successful when we change the hands from one fluid to another. The closer the points on the skin which receive contemporary impressions and perhaps, the closer the portions of the brain to which these impressions are sent, the more easily these sensations flow together while again, the further they are from one another the less frequently does this occur.β In the practice of criminal law such matters will rarely arise, but estimations of temperature are frequently required and their reliability must be established.
[1] E. H. Weber: Die Lehre vom Tastsinn u. Gemeingef<u:>hl. Braunschweig 1851.
It is important to know what a wounded man and his enemy feel in the first instant of the crime and in what degree their testimonies are reliable. First of all, we have to thank the excellent observations of Weber, for the knowledge that we find it very difficult to discover with closed eyes the angle made by a dagger thrust against the body. It is equally difficult to determine the direction from <p 218>
which a push or blow has come. On the other hand we can tell very accurately in what direction a handful of hair is pulled.
With regard to the time it takes to feel contact and pain, it is asserted that a short powerful blow on a corn is felt immediately, but the pain of it one to two seconds later. It may be that corns have an especial constitution, but otherwise the time assigned before feeling pain is far too long. Helmholtz made 1850 measurements which proved that the nervous current moves 90 feet a second.
If, then, you prick your finger, you feel it a thirtieth of a second later.
The easiest experiments which may be made in that regard are insufficient to establish anything definite. We can only say that the perception of a peripheral pain occurs an observable period after the shock, i. e., about a third of a second later than its cause.
The sensation of a stab is often identified as contact with a hot object, and it is further asserted that the wounded person feels close to the pain which accompanies the push or the cut, the cold of the blade and its presence in the depths of his body. So far as I have been able to learn from wounded people, these assertions are not confirmed. Setting aside individuals who exaggerate intentionally and want to make themselves interesting or to indicate considerable damage, all answers point to the fact that stabs, shots, and blows are sensed as pushes. In addition, the rising of the blood is felt almost immediately, but nothing else; pain comes much later. It is asserted by couleur-students[1] who have occasion to have a considerable number of duels behind them, that βsitting thrusts,β even when they are made with the sharpest swords, are sensed only as painless, or almost painless, blows or pushes. Curiously enough all say that the sensation is felt as if caused by some very broad dull tool: a falling shingle, perhaps. But not one has felt the cold of the entering blade.
[1] Students who are members of student societies distinguished by particular colors.
Soldiers whose shot wounds were inquired into, often just a few minutes after their being wounded, have said unanimously that they had felt only a hard push.
It is quite different with the man who causes the wound. Lotze has rightly called attention to the fact that in mounting a ladder with elastic rungs one perceives clearly the points at which the rungs are fastened to the sides. The points at which an elastic trellis is fastened is felt when it is shaken, and the resistance of the wood when an axe is used on it. In the same way the soldier senses clearly <p 219>
the entrance of his sword-point or blade into the body of his enemy.
The last fact is confirmed by the students. One can clearly distinguish whether the sword has merely beaten through the skin or has sunk deeply and reached the bone. And this sensation of touch is concentrated in the *right thumb, which is barely under the hilt of the sword at the point where the grip rests.
The importance of the fact that the wounder feels his success lies in the possibility it gives him, when he wants to tell the truth, to indicate reliably whether and how far he has wounded his opponent.
The importance of the testimony of the wounded man lies in its influence on determining, in cases where there were more than one concerned in the assault, which wound is to be assigned to which man. We often hear from the victim who really desires to tell the truth, βI was quite convinced that X dealt me the deep stab in the shoulder, but he has only pushed and not stabbed meβ
I did not perceive a stab.β Just the same, it was X who stabbed him, and if the examining judge explains the matter to the victim, his testimony will be yet more honest.
There are still a few other significant facts.
1. It is well known that the portion of the skin which covers a bone and which is then so pulled away that it covers a fleshy part, can not easily identify the point of stimulation. Such transpositions may be made intentionally in this experiment, but they occur frequently through vigorous twists of the body. When the upper part of the body is drawn backwards, while one is sitting down, a collection of such transpositions occur and it is very hard then to localize a blow or stab. So, too, when an arm is held backward in such a way as to turn the flat of the hand uppermost. It is still more difficult to locate a wound when one part of the body is held by another person and the skin pulled aside.
2. The sensation of wetness is composed of that of cold and easy movement over surface. Hence, when we touch without warning a cold smooth piece of metal, we think that we are touching something wet. But the converse is true for we believe that we are touching something cold and smooth when it is only wet. Hence the numerous mistakes about bleeding after wounds. The wounded man or his companions believe that they have felt blood when they have only felt some smooth metal, or they have really felt blood and have taken it for something smooth and cold. Mistakes about whether there was blood or not have led to frequent confusion.
3. Repetition, and hence summation, intensifies and clarifies the <p 220>
sensation of touch. As a consequence, whenever we want to test anything by touching it we do so repeatedly, drawing the finger up and down and holding the object between the fingers; for the same reason we repeatedly feel objects with pleasant exteriors. We like to move our hands up and down smooth or soft furry surfaces, in order to sense them more clearly, or to make the sensation different because of its duration and continuance. Hence it is important, every time something has to be determined through touch, to ask whether the touch occurred once only or was repeated. The relation is not the same in this case as between a hasty glance and accurate survey, for in touching, essential differences may appear.
4. It is very difficult to determine merely by touch whether a thing is straight or crooked, flat, convex or concave. Weber has shown that a glass plate drawn before the finger in such wise as to be held weakly at first, then more powerfully, then again more powerfully seems to be convex and when the reverse is done, concave.
Flatness is given when the distance is kept constant.
5. According to Vierordt,[1] the motion of a point at a constant rate over a sizable piece of skin, e. g., the back of the hand from the wrist to the finger tips, gives, if not looked at, the definite impression of increasing rapidity. In the opposite direction, the definiteness is less but increases with the extent of skin covered.
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