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Criminal Psychology
A MANUAL FOR JUDGES, PRACTITIONERS, AND STUDENTS
BY HANS GROSS, J. U. D. _Professor of Criminal Law at the University of Graz, Austria. Formerly Magistrate of the Criminal Court at Czernovitz, Austria_
Translated from the Fourth German Edition BY HORACE M. KALLEN, PH. D. Assistant and Lecturer in Philosophy in Harvard University WITH AN INTRODUCTION BY JOSEPH JASTROW, PH.D. PROFESSOR OF PSYCHOLOGY IN THE UNIVERSITY OF WISCONSIN
PUBLICATION NO. 13: PATTERSON SMITH REPRINT SERIES IN CRIMINOLOGY, LAW ENFORCEMENT, AND SOCIAL PROBLEMS _Montclair, New Jersey_
GENERAL INTRODUCTION TO THE MODERN CRIMINAL SCIENCE SERIES.
AT the National Conference of Criminal Law and Criminology, held in Chicago, at Northwestern University, in June, 1909, the American Institute of Criminal Law and Criminology was organized; and, as a part of its work, the following resolution was passed:
``Whereas, it is exceedingly desirable that important treatises on criminology in foreign languages be made readily accessible in the English language, Resolved, that the president appoint a committee of five with power to select such treatises as in their judgment should be translated, and to arrange for their publication.''
The Committee appointed under this Resolution has made careful investigation of the literature of the subject, and has consulted by frequent correspondence. It has selected several works from among the mass of material. It has arranged with publisher, with authors, and with translators, for the immediate undertaking and rapid progress of the task. It realizes the necessity of educating the professions and the public by the wide diffusion of information on this subject. It desires here to explain the considerations which have moved it in seeking to select the treatises best adapted to the purpose.
For the community at large, it is important to recognize that criminal science is a larger thing than criminal law. The legal profession in particular has a duty to familiarize itself with the principles of that science, as the sole means for intelligent and systematic improvement of the criminal law.
Two centuries ago, while modern medical science was still young, medical practitioners proceeded upon two general assumptions: one as to the cause of disease, the other as to its treatment. As to the cause of disease,--disease was sent by the inscrutable will of God. No man could fathom that will, nor its arbitrary operation. As to the treatment of disease, there were believed to be a few remedial agents of universal efficacy. Calomel and bloodletting, for example, were two of the principal ones. A larger or smaller dose of calomel, a greater or less quantity of bloodletting, --this blindly indiscriminate mode of treatment was regarded as orthodox for all common varieties of ailment. And so his calomel pill and his bloodletting lances were carried everywhere with him by the doctor.
Nowadays, all this is past, in medical science. As to the causes of disease, we know that they are facts of nature,--various, but distinguishable by diagnosis and research, and more or less capable of prevention or control or counter-action. As to the treatment, we now know that there are various specific modes of treatment for specific causes or symptoms, and that the treatment must be adapted to the cause. In short,