Criminal Psychology; a manual for judges, practitioners, and students by Hans Gustav Adolf Gross
page 52 of 828 (06%)
page 52 of 828 (06%)
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concerned, to keep him free of all alien suggestions and inferences,
and to compel him to see the case as if no influences, personal or circumstantial, had been at work on him. This result does not require merely the setting aside of special influences, nor the setting aside of all that others have said to him on the matter under discussion, nor the elucidation of the effect of fear,[1] of anger, of all such states of mind as might here have been operative,--it requires the establishment of his unbiased vision of the subject from a period antecedent to these above-mentioned influences. Opinions, valuations, prejudices, superstitions, etc., may here be to a high degree factors of disturbance and confusion. Only when the whole Augean stable is swept out may the man be supposed capable of apperception, may the thing he is to tell us be brought to bear upon him and he be permitted to reproduce it. This necessary preliminary is not so difficult if the second of the above-mentioned rules is observed and the ``funded thought'' of the witness is studied out. It may be said, indeed, that so long as two people converse, unaware of each other's ``funded thought,'' they speak different languages. Some of the most striking misunderstandings come from just this reason. It is not alone a matter of varying verbal values, leading to incompatible inferences; actually the whole of a man's mind is involved. It is generally supposed to be enough to know the meaning of the words necessary for telling a story. But such knowledge leads only to external and very superficial comprehension; real clearness can be attained only by knowing the witness's habits of thought in regard to all the circumstances of the case. I remember vividly a case of jealous murder in which the most important witness was the victim's brother, an honest, simple, woodsman, brought up in the wilderness, and in every sense far- |
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