New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-02-11


explaining that If the mans eXpressio"
had been in his favor he would have so'
off with imprisonment. one of the hlou-
ern criminologists to be included IN 'his
series. NJ. Gabriel Tarde, an eX-magis-
trate. opines that the same influence 10
not unknown on the bench to-day. sun
less. one would think In the jury DON
the susceptibility of whose occupants W
beauty in apparent distress is sufficiently
we'll known.
The immediate, at least tentative! I,
scientific precursors Of the father Vi
modern criminal anthropology "eIo
I,avater and Gall. Senior de Quiros auu'
m their names third. that of Carus'
who early in the last century puoi'sne'
his principles of n New and Scleh'i'0
Craniology.' Psychiatry, on the o'nei
hand. the psychological as distinct rom
the physiological study of crime ana 'n9
criminal. is the child of the last century
The statistics Of the subject socia'
pbysics." as its founder Quetelet caiieu
twas also a product Of that Wondeilu
age. IT was he who said that socle'S
prepares the crime; the crinlinai
comes its executive" Enrico Ferri'
whom our author considers the most SCI
entifc of modern criminologists, ciasSi-
fed all criminals in five groups anu
formulated the theory that every criiiie
and every criminal is always the produc'
NJ the simultaneous action of biological
phvsical and social conditions. Lacae-
sagne, borrowing a smile from hi'olo
biology, said that
Social environment is the heat in whlch
criminality breeds; the crlmlndl Is tu n.u /,
crobe, an element Of no importance ui,,' -
meets the liquid that makes u Ieiiien''
In other words, delinquency Is pro-
duced by social excitations Of individual
states. by the free display, for instance
of merchandise in department stores
It would be imL ossible to enter upon
detailed review of the contents OF 'hls
| book. which contains the essence OF
| hundred learned tones dealing with the
archaeological theories of delinquency
-atavistic. degenerative and pathology
cal-and with it's sociological, social and
socialistic theories; with criminal law
and penitentiary science, and the scien-
tifc investigation Of crime. AS for the
apthropometric systems Of registry ana
identification OF criminals, the author
quotes Ottolenghi to the effect that If the
Bertilon system led professional Grim
inals TO abandon tattooing, dactyloscopy
makes them commit crimes with gloves
on In order to avoid the dactylogram.
Will the skill Of the thief be ever over
come?
The whole social question is involved
in this modern science Of crimnality,
but, while he occasionally touches upon
these wider issues. such as anarchism
socialism and internationalism. the
author mainly devotes his work to its
legal bearing. He considers that at the
present moment the problem of crime
and it's treatment is in critical stage
of transition, for
higher institutions born of a profoundly
educative and moral understanding OF pun
ishment thrive within the same system
which preserves the death penalty ana
which permits a repression to refined cor
poral punishments like the restora-
ton Of the whipping post in Delaware.
The author gives admiring credit to
this country for the establishment of the
| juvenile courts which he calls the most
! phophetcal feature Of present penology."
! Professor Gross's Criminal Psychol-
ogy" Is first of all. and above all else,
| book for the jurist. 1t deals with the
mental states Of criminals, witnesses and
experts, but also with those Of judge,
jury and counsel. It's psychology never
! loses sight of the cease" it's preparation
and conduct in all their endless rami-
| fcations. The judicial procedure is that
of the German criminal courts but this
American jurist not at all. It is a prac-
| tical application Of the authors own
theory, couched in the words of another
! that "the present tendency of the sci
ence Of criminal law demands the OBJ
servation of the facts Of daily life" His
work is in the last analysis, but an I'M
commonly searching, systematic psyche
logical approach to that knowledge Of
! human nature" whose value all expert
/ enced criminal jurists understood so
well. and Of which they acquire so much
in the course Of their practice, IL in a
| less thorough and organized manner
than is offered to them in these pages.
| Professor Gross is, moreover. q lucid
writer. He never forgets that he is ad-
dressing jurists. not psychologists. He
eschews the technical terms Of crimi-
nology. and does not hesitate to begin
with simple fundamentals. known to
bench and bar the world over:
One Of the most important rules OF evil
dence taking is not TO suppose that practi-
cally any witness IL skilled In statement
Even of child training Frnbel says. Men
mus tbe De o drawn s6 out not probed And this
more difhcult. since the lawyers have
at most only as many hours with the in
divlduai as the teacher. has years
The chief thing is 10 determine the wit
nesss level and then TO meet him on II.
We certainly cannot succeed. in the short
time allowed us, to raise him to ours
The work has two main divisions the
first, or subjective. dealing with the
mental activities Of Judge, advocates
and juries; the second, or objective. with
the accused and witnesses. There are
studies Of the integrity and the correct
ness Of examines. and Of the motives
that may influence them. Of the outward
signs that may give a clew to their men
tai states in facial expression, gestures
and attitude, and even in their dress: Of
modes Of drawing differences from the
testimony OF ~ ,,,.z