The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-09-05
TOPEKA STATE JOURNAL
Information Bureau
KREDERIC ,. HAsKN. Director.
WASHINGTON. ID. @.
PSYCHOLOGY AND COURTS.

edge of human completes, may soon
be expected to play an. important part
in our courts of justice.
| In almost every trial there are baf-
| ling points in the testimony. Was the
witness telling the truth when he said
| that he saw the prisoner at o'clock
| on the evening of the crime, wearing a
Could another witness be believed
when he insisted that the shot was
| fired by the man directly in front of
him and not by any person back OF
him? 2
Some problems like these are left
for almost every jury to face after the
possibilities of legal stately have been
exhausted Yet the jury is expected
to weigh all this evidence and arrive
at a conclusion.
with a legal psychologist in court.
justice can be melted out with more ex-
actness, so the psychologists them
selves tell us. The witness who was
SO emphatic about the clothes worn
by the man he met might have his
story shot to atoms bS psychological
explanation that colors cannot be dis
tinguished at twilight. 1t is a fact
that the brain has no mechanism for
distinguishing colors at dusk. One
and all, they are seen as shades of
gray.
AS for the shot fired in front of the
witness, psychologists have proved
that shot fired directly behind a
person cannot be distinguished from
one fired directly in front. In such
circumstances an individual Is not
capable of saying from which direc-
ton the sound came.
These examples indicate the sort of
| assistance that the psychologist who
specializes in legal and criminal
branches of his subject might be
called upon to give to the courts. At
present such experts are aware of the
service they can render, but the legal
profession is wary of what might be
regarded as new-fangled theories.
Bench and Bar Sl<eptical.
Bench and bar are inclined to look
upon psychology as a science still in
the experimental stage. Altho a pSy-
cholegist may have a doctors degree
from a first class university and
string of discoveries to his credit, he
is likely to- be told that his methods
and tests are not yet 100 per cent re-
liable, and that therefore his evidence
cannot be accepted as expert testi-
mony.
Psychologists are naturally some
what sad over this sign of ,reactionary
tendencies on the part of the legal
profession, but they are mot discour-
aged. History is merely repeating it
self. They recall that Identification
by finger prints was once regarded as
bunk by fool proof detectives. 1t took
time to convince the world that an ex-
act science could be based on the for
nation of skin at the finger tips.
/ 1t will take time to prove to the
layman that each human mind Is not
Ia law unto ITSELF but is constructed
and can be analysed like any other
well ordered apparatus, Complexes
there are, innumerable and difficult 10
account for. but the psychologist now
has back of him carefully tested prin-
ciples that enable him to analyze his
subjects with reasonable exactness.
4 One hundred per cent accuracyis
hardly to be expected. Medicine has
been practiced thousands of years, the
psychologist points out, but. 1t is not
an absolutely accurate science. Doc
tors today fatty contradict accepted
theories of 10 years ago. What is
more, they disagree with one another.
Yet the testimony of "a physician or
an alienist is given careful considera-
ton by the courts.
The use of expert advice of various
sorts in legal cases has been growing
steadily. When civilization moved at
a slower pace and courts had less
crowded dockets, a trial might drag
lalong with less serious consequences
Evidence might be gone over time and
again until Some slip was noted or
until it was clear that the jury would
simply have to guess at the truth.
But the trial and error method Of
presenting testimony has more and
more given place to research methods.
The scientific detective of the fiction
magazines is a reality. Few lawyers
and detectives are the versatile author
tiles on all manner of subjects that the
story book hero always is, but they
do know when and where to get ex-
pert opinion, and the results are often
astounding.
Value of the Microscope.
In .trfrr
inologist, has pointed out how the
microscope in the hands of an expert
can reveal important facts not obtain
able by other means. A nondescript
bit of hair takes on personality under
q microscope lens. 1t is possible. Pro-
fessor Gross says. to tell upon what
part of the body. the hair has grown,
and whether it is the hair of man
or a woman. The condition OF the
hair may also be studied. The fact
that it showed signs of dye or OF
pomade, for instance, might prove to
be a significant clue.
If the roots of the hair are avail
able, the age of the person can also
be determined to a certain extent.
Dipped in a solution of caustic potash
the roots will dissolve. and the younger
the person the more rapidly the
process takes place. Such tests are
often used in criminal Investigations.
, Dust is another interesting kind of
evidence which becomes significant
only in the hands of scientist. Dust
is important in criminal cases because
! it is made up of organic matter from
our surroundings.
A mysterious coat was found on the
scene of a certain crime. 1t was
placed in a strong paper sack and
beaten with sticks to release the dust.
The sample collected from the bag
was then analysed. 1t revealed bits of
woody fibrous matter finely pulver-
lied, and also geiatine and powdered
glue. The wood suggested a carpen-
| ter, but the addition OF the glue
pointed to a joiner. The clue was fol-
lowed and the guilty person. a joiner,
: apprehended.
| Gunsmiths. anatomists, chemists
and authorities on plant and animal
life are called in to point out facts
, that the layrnan. however clever. does
not know how to see. But so far the
| hun, . mind has rely haar sIlhiacf :