I agreed with much pleasure to the proposition of the American Institute of Criminal Law and Criminology to have the book translated. I am proud of the opportunity to address Americans and Englishmen in their language. We of the German countries recognize the intellectual achievements of America and are well aware how much Americans can teach us.
I can only hope that the translation will justify itself by its usefulness to the legal profession.
Hans Gross.
TRANSLATOR’S NOTE.
THE present version of Gross’s Kriminal Psychologie differs from the original in the fact that many references not of general psychological or criminological interest or not readily accessible to English readers have been eliminated, and in some instances more accessible ones have been inserted. Prof. Gross’s erudition is so stupendous that it reaches far out into texts where no ordinary reader would be able or willing to follow him, and the book suffers no loss from the excision. In other places it was necessary to omit or to condense passages. Wherever this is done attention is called to it in the notes. The chief omission is a portion of the section on dialects. Otherwise the translation is practically literal. Additional bibliography of psychological and criminological works likely to be generally helpful has been appended.
CONTENTS.
| PAGE | |
| General Introduction to the Modern Criminal Science Series | [v] |
| Introduction to the English Version | [ix] |
| Author’s Preface to the American Edition | [xiii] |
| Translator’s Note | [xiv] |
| Introduction | [1] |
| PART I. THE SUBJECTIVE CONDITIONS OF EVIDENCE (THE MENTAL ACTIVITIES OF THE JUDGE) | [7] |
| Title A. Conditions of Taking Evidence | [7] |
| Topic 1. METHOD | [7] |
| § 1 (a) General Considerations | [7] |
| § 2 (b) The Method of Natural Science | [9] |
| Topic 2. PSYCHOLOGIC LESSONS | [14] |
| § 3 (a) General Considerations | [14] |
| § 4 (b) Integrity of Witnesses | [16] |
| § 5 (c) Correctness of Testimony | [18] |
| § 6 (d) Presuppositions of Evidence-Taking | [20] |
| § 7 (e) Egoism | [25] |
| § 8 (f) Secrets | [28] |
| § 9 (g) Interest | [37] |
| Topic 3. PHENOMENOLOGY: The Outward Expression of Mental States | [41] |
| § 10 | [41] |
| § 11 (a) General External Conditions | [42] |
| § 12 (b) General Signs of Character | [53] |
| § 13 (c) Particular Character-signs | [61] |
| (d) Somatic Character-Units | [69] |
| § 14 (1) General Considerations | [69] |
| § 15 (2) Causes of Irritation | [71] |
| § 16 (3) Cruelty | [76] |
| § 17 (4) Nostalgia | [77] |
| § 18 (5) Reflex Movements | [78] |
| § 19 (6) Dress | [82] |
| § 20 (7) Physiognomy and Related Subjects | [83] |
| § 21 (8) The Hand | [100] |
| Title B. The Conditions for Defining Theories | [105] |
| Topic 1. THE MAKING OF INFERENCES | [105] |
| § 22 | [105] |
| § 23 (a) Proof | [106] |
| § 24 (b) Causation | [117] |
| § 25 (c) Scepticism | [129] |
| § 26 (d) The Empirical Method in the Study of Cases | [136] |
| § 27 (e) Analogy | [144] |
| § 28 (f) Probability | [147] |
| § 29 (g) Chance | [159] |
| § 30 (h) Persuasion and Explanation | [161] |
| § 31 (i) Inference and Judgment | [165] |
| § 32 (j) Mistaken Inferences | [176] |
| § 33 (k) Statistics of the Moral Situation | [179] |
| Topic 2. KNOWLEDGE | [183] |
| § 34 | [183] |
| PART II. OBJECTIVE CONDITIONS OF CRIMINAL INVESTIGATION (THE MENTAL ACTIVITY OF THE EXAMINEE) | [187] |
| Title A. General Conditions | [187] |
| Topic 1. OF SENSE PERCEPTION | [187] |
| § 35 | [187] |
| § 36 (a) General Considerations | [187] |
| (b) The Sense of Sight | [196] |
| § 37 (1) General Considerations | [196] |
| § 38 (2) Color-vision | [204] |
| § 39 (3) The Blind Spot | [207] |
| § 40 (c) The Sense of Hearing | [208] |
| § 41 (d) The Sense of Taste | [212] |
| § 42 (e) The Sense of Smell | [213] |
| § 43 (f) The Sense of Touch | [215] |
| Topic 2. PERCEPTION AND CONCEPTION | [221] |
| § 44 | [221] |
| Topic 3. IMAGINATION | [232] |
| § 45 | [232] |
| Topic 4. INTELLECTUAL PROCESSES | [238] |
| § 46 (a) General Considerations | [238] |
| § 47 (b) The Mechanism of Thinking | [243] |
| § 48 (c) The Subconscious | [245] |
| § 49 (d) Subjective Conditions | [248] |
| Topic 5. THE ASSOCIATION OF IDEAS | [254] |
| § 50 | [254] |
| Topic 6. RECOLLECTION AND MEMORY | [258] |
| § 51 | [258] |
| § 52 (a) The Essence of Memory | [259] |
| § 53 (b) The Forms of Reproduction | [263] |
| § 54 (c) The Peculiarities of Reproduction | [268] |
| § 55 (d) Illusions of Memory | [275] |
| § 56 (e) Mnemotechnique | [279] |
| Topic 7. THE WILL | [281] |
| § 57 | [281] |
| Topic 8. EMOTION | [283] |
| § 58 | [283] |
| Topic 9. THE FORMS OF GIVING TESTIMONY | [287] |
| § 59 | [287] |
| § 60 (a) General Study of Variety in Forms of Expression | [288] |
| § 61 (b) Dialect Forms | [293] |
| § 62 (c) Incorrect Forms | [296] |
| Title B. Differentiating Conditions of Giving Testimony | [300] |
| Topic 1. GENERAL DIFFERENCES | [300] |
| (a) Woman | [300] |
| § 63 1. General Considerations | [300] |
| § 64 2. Difference between Man and Women | [307] |
| 3. Sexual Peculiarities | [311] |
| § 65 (a) General | [311] |
| § 66 (b) Menstruation | [311] |
| § 67 (c) Pregnancy | [317] |
| § 68 (d) Erotic | [319] |
| § 69 (e) Submerged Sexual Factors | [322] |
| 4. Particular Feminine Qualities | [332] |
| § 70 (a) Intelligence | [332] |
| § 71 1. Conception | [333] |
| § 72 2. Judgment | [335] |
| § 73 3. Quarrels with Women | [337] |
| § 74 (b) Honesty | [340] |
| § 75 (c) Love, Hate and Friendship | [350] |
| § 76 (d) Emotional Disposition and Related Subjects | [359] |
| § 77 (e) Weakness | [361] |
| § 78 (b) Children | [364] |
| § 79 1. General Considerations | [364] |
| § 80 2. Children as Witnesses | [365] |
| § 81 3. Juvenile Delinquency | [369] |
| § 82 (c) Senility | [372] |
| § 83 (d) Differences in Conception | [375] |
| § 84 (e) Nature and Nurture | [384] |
| § 85 1. The Influence of Nurture | [385] |
| § 86 2. The Views of the Uneducated | [388] |
| § 87 3. Onesided Education | [391] |
| § 88 4. Inclination | [393] |
| § 89 5. Other Differences | [395] |
| § 90 6. Intelligence and Stupidity | [398] |
| Topic 2. ISOLATED INFLUENCES | [406] |
| § 91 (a) Habit | [406] |
| § 92 (b) Heredity | [410] |
| § 93 (c) Prepossession | [412] |
| § 94 (d) Imitation and the Crowd | [415] |
| § 95 (e) Passion and Emotion | [416] |
| § 96 (f) Honor | [421] |
| § 97 (g) Superstition | [422] |
| Topic 3. MISTAKES | [422] |
| (a) Mistakes of the Senses | [422] |
| § 98 (1) General Considerations | [422] |
| § 99 (2) Optical Illusions | [427] |
| § 100 (3) Auditory Illusions | [443] |
| § 101 (4) Illusions of Touch | [449] |
| § 102 (5) Illusions of the Sense of Taste | [452] |
| § 103 (6) The Illusions of the Olfactory Sense | [453] |
| § 104 (b) Hallucinations and Illusions | [454] |
| § 105 (c) Imaginative Ideas | [459] |
| (d) Misunderstandings | [467] |
| § 106 1. Verbal Misunderstandings | [467] |
| § 107 2. Other Misunderstandings | [470] |
| (e) The Lie | [474] |
| § 108 1. General Considerations | [474] |
| § 109 2. The Pathoformic Lie | [479] |
| Topic 4. ISOLATED SPECIAL CONDITIONS | [480] |
| § 110 (a) Sleep and Dream | [480] |
| § 111 (b) Intoxication | [484] |
| § 112 (c) Suggestion | [491] |
| [Appendix A]. Bibliography, including texts more easily within reach of English readers | [493] |
| [Appendix B]. Works on Psychology of General Interest | [500] |
| [Index]: [A], [B], [C], [D], [E], [F], [G], [H], [I], [J], [K], [L], [M], [N], [O], [P], [Q], [R], [S], [T], [U], [V], [W], [Z] | [503] |