# Die Psychologie des Verbrechens - eine Kritik

Die Psychologie des Verbrechens - eine Kritik (English: The Psychology of Crime - a Criticism) is a 1912 German book by Max Kauffmann (1871-1923). It deals with reasons for antisocial and criminal behavior. It explores the psychological aspects of criminal behavior and provides an analysis of the field of criminology at the time. The book delves into sociological aspects as well as juridical concepts such as "Gewaltenteilung" (separation of powers), shedding light on their relevance to the understanding of criminal psychology. Kauffmann classifies criminals into vagrant and energetic types and subtypes, examining their characteristics. The causes of crime are explored, followed by discussions on penal law, crime prevention, and reforming punishment administration.

## Context

Dr. Kauffmann was a German medical doctor, psychiatrist, and professor in the late 19th and early 20th centuries. He conducted research in medicine, psychology, and law. Kauffmann's life was shaped by psychological as well as juridical and medical perspectives which is reflected in his book "Psychology of Crime" which he published in 1912. He earned his doctorate in 1898 after studying medicine and philosophy, worked in various medical roles and explored chemistry. His interdisciplinary experiences influenced the interdisciplinary approach used in his book to explain criminal behavior. Prevailing criminological theories primarily emphasized biological and physiological explanations for criminal behavior. Kauffmann aimed to investigate the role of social factors in shaping crime. This shift in perspective aligned with broader changes in early 20th-century criminology, focusing more on sociological and psychological viewpoints.
The book's topic evolved alongside developments in the social sciences. Before the 20th century, explanations for criminal behavior centered on either biological or sociological factors. Biological theories, represented by figures like Cesare Lombroso and Francis Galton, emphasized hereditary and physiological influences. Sociological perspectives, influenced by Émile Durkheim and Karl Marx, highlighted the impact of social environments. Psychological explanations gained prominence in the late 19th and early 20th centuries as psychology became a recognized field. Pioneers like Sigmund Freud attributed criminal behavior to unconscious conflicts rooted in early childhood experiences. Kauffmann's work underlined the significance of psychology and social factors in understanding criminal behavior, challenging the dominance of biological and physiological theories.

## Contents

The book "Die Psychologie des Verbrechens – Eine Kritik" begins with a preface in which the author provides an overview of the topics covered in the following chapters. He discusses the classification of different types of criminals, the origins of crime, and psychological explanations for criminal behavior. Kauffmann acknowledges his unique opportunity to objectively study crime through his interactions with correctional institutions and jails. He expresses gratitude to Julius Springer, the publisher, for accommodating his wishes. The book is separated in several parts called "Abschnitte" (Sections).
Kaufmann provides an interdisciplinary analysis of criminal behavior. The book explores the psychological, social, and environmental factors that contribute to criminality and offers critical insights into the understanding of crime and its implications for society.

### I. Abschnitt – Grundelemente (Basic Elements)

The first part of the book, "Grundelemente," explores the fundamental aspects of crime separated into a definition and methodology part. Kaufmann defines crime as the deliberate violation of criminal law, regardless of factors such as necessity or self-defense. He emphasizes that while crime and antisocial behavior share similarities, not all antisocial behavior is considered a crime. The definition of crime is subject to the decisions made by lawmakers and may vary across different societies. Kauffmann discusses his approach to studying crime from various perspectives. He highlights a significant shift in his views after visiting prisons, realizing that incarcerated criminals represent only a fraction of the overall criminal population. He stresses the need to observe criminals in their free environment to gain a comprehensive understanding of their behavior. Kauffmann criticizes flawed methodologies and prevalent theories in existing crime literature. Dr. Kauffman discusses and criticizes sources of information used to study criminals, including the prison physician, psychiatrist, intelligence tests, laboratory experiments, physiognomy, lies of criminals, and statistics. He emphasizes that no single source alone is sufficient to fully comprehend the individual criminal.

### II. Abschnitt – Verbrechertypen (Types of Criminals)

In the second part, Kaufmann categorizes various types of criminals, shedding light on their characteristics and behaviors. The subtopics include the following: "Landstreicher" (Vagrants) - here Kaufmann examines the motivations and patterns of criminal behavior among vagrants, "Prostituierte" (Prostitutes) - He explores the factors that contribute to criminal behavior within the realm of prostitution, "Sittlichkeitsverbrecher" (Morality Violators) - Kaufmann discusses criminals who commit offenses against societal moral norms, "Alkoholverbrecher" (Alcoholic Criminals) - This category focuses on criminals whose behavior is influenced by alcohol addiction, "Energischer Verbrecher" (Energetic Criminals) - here Kaufmann examines criminals who engage in high-energy and aggressive offenses and "Übergänge und atypische Verbrecher" (Transitions and Atypical Criminals) - This section delves into the nuances of criminals who exhibit transitional or atypical characteristics.

### III. Abschnitt – Ursachen des Verbrechens (Causes of Crime)

The third part of the book explores the origins of criminal behavior. Kaufmann examines various factors contributing to criminality. He discusses the concept of causality and its relevance to understanding criminal behavior. Kaufmann explores the role of individual causes such as weak willpower, psychological factors, and personal circumstances in criminal conduct. The influence of alcohol on criminal behavior is examined, emphasizing its role as a contributing factor. Kaufmann discusses the impact of social factors such as education, culture, socioeconomic disparities, and environmental influences on the emergence of criminality. This section aligns with the prevalent theory of social determinism during the time of the book's publication.

### IV. Abschnitt – Die Reaktion der Allgemeinheit auf das Verbrechen (The Reaction of the General Public to Crime)

The final part of the book focuses on the general public's response to crime. He discusses the role of criminal law in defining and punishing criminal behavior. Kaufmann analyzes various approaches and strategies for combating criminality within society. He highlights the need for reforms within law enforcement agencies to effectively address crime.

## Reception

Kauffmann's Book "die Psychologie des Verbrechens - Eine Kritik" has been reviewed by Robert Gault in the "Journal of the American Institute of Criminal law and Criminology". Gault is in agreement with Kauffman's criticism that laboratory experiments, intelligence tests, and other mental tests applied to delinquents in jails are likely to be misleading. He agrees with the idea that such tests may not accurately reflect the true mental and psychological state of the delinquents in the prison environment. He disagrees with Dr. Kauffman's skepticism regarding the effectiveness of the indeterminate sentence as a means of assessing a convict's readiness for reintegration into society. Gault suggests an alternative approach involving administrative means, such as providing prisoners with limited freedom in controlled environments like outdoor prison farms or honor squads. By doing so, Gault believes that a more accurate observation of the convicts' behavior and adaptation to conditions resembling normal social life can be achieved. This contrasts with Kauffman's concerns that the rigid prison environment does not offer a reliable measure of a convict's preparedness for life outside of confinement.
Kaufmann's work has also been acknowledged as one of the first definitions of psychology of crime in the German language by Fijnaut. However, it is mentioned that the concept of psychology of crime as the psychology of the criminal has been proposed before by Wulffen and Aschaffenburg.
In a magazine published in 1921 Kaufmann's book is described as a highly interesting book with a thorough discussion.
Kauffmann continued writing after publishing "Die Psychologie des Verbrechens", he also wrote about social medicine in a pamphlet in 1913. During World War I, he served as a senior physician in France. He became a professor in 1918 and was appointed as an extraordinary non-civil-servant professor in 1921. After the war, he focused more on psychology, drawing from the ideas of Wilhelm Wundt and Stanley Hall. He integrated Sigmund Freud's thoughts on hypnosis and suggestion into his work. Kauffmann also wrote about contemporary issues, such as "Communism and Common Sense" in 1922 and "Socialism and Reality" in 1923. He likely had an accident in the mountains in 1923 and died.
In Germany, the separation of power which Kauffmann mentions as an important tool in juridical decisions, has been introduced nationally later with the beginning of the Weimar Republic in 1919. The author contends that the prevalence of erroneous beliefs regarding crime and its causation largely arises from a lack of precision in identifying the appropriate methodologies and sources of investigation within this field. Pointing out errors helped improve methodologies and criminal systems. Kauffmann's ideas, including the importance of the separation of powers in juridical decisions and his integration of psychological theories into criminology, were relatively modern for his time. These ideas were influential in shaping discussions on criminal justice, psychology, and social policy. Kauffmann's criticism of the use of laboratory experiments, intelligence tests, and other mental assessments on delinquents in jails was ahead of its time. This critique remains relevant today, as discussions on the validity and fairness of psychological assessments in criminal justice continue.
After the beginning of the 20th century, both criminology and the psychology of crime underwent developments. Criminology shifted towards sociological theories, focusing on social and environmental factors. Differential Association Theory and labeling theory gained prominence. Forensic psychology emerged as a subfield, applying psychological principles to the legal system. Research methods advanced, providing deeper insights into the factors influencing criminal behavior. These changes resulted in a more comprehensive understanding of crime and its causes.