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PATHOLOGICAL LYING, ACCUSATION, AND SWINDLING

A STUDY IN FORENSIC PSYCHOLOGY

BY

WILLIAM HEALY, A.B., M.D.

DIRECTOR, PSYCHOPATHIC INSTITUTE, JUVENILE COURT, CHICAGO

ASSOCIATE PROFESSOR NERVOUS AND MENTAL DISEASES

CHICAGO POLICLINIC; AUTHOR OF ``THE

INDIVIDUAL DELINQUENT''

AND

MARY TENNEY HEALY, B.L.

TO

MERRITT W. PINCKNEY

JUDGE OF THE JUVENILE COURT

CHICAGO

``Bonus et sapiens et peritus utilitatis dignitatisque civilis.''

EDITORIAL ANNOUNCEMENT

This volume is one of a series of Monograph Supplements to the

Journal of Criminal Law and Criminology. The publication of the

Monographs is authorized by the American Institute of Criminal

Law and Criminology. Such a series has become necessary in

America by reason of the rapid development of criminological

research in this country since the organization of the Institute.

Criminology draws upon many independent branches of science, such

as Psychology, Anthropology, Neurology, Medicine, Education,

Sociology, and Law. These sciences contribute to our

understanding of the nature of the delinquent and to our

knowledge of those conditions in home, occupation, school,

prison, etc., which are best adapted to elicit the behavior that

the race has learned to approve and cherish.

This series of Monographs, therefore, will include researches in

each of these departments of knowledge insofar as they meet our

special interest.

It is confidently anticipated that the series will stimulate the

study of the problems of delinquency, the State control of which

commands as great expenditure of human toil and treasure as does

the control of constructive public education.

ROBERT H. GAULT,

Editor of the Journal of Criminal COMMITTEE ON PUBLICATION

Law and Criminology, OF THE

Northwestern University. AMERICAN INSTITUTE

FREDERIC B. CROSSLEY, OF CRIMINAL

Northwestern University. LAW AND CRIMINOLOGY.

JAMES W. GARNER,

University of Illinois.

PREFACE

Careful studies of offenders make group-types stand out with

distinctness. Very little advancement in the treatment of

delinquents or criminals can be expected if typical

characteristics and their bearings are not understood. The group

that our present work concerns itself with is comparatively

little known, although cases belonging to it, when met, attract

much attention. It is to all who should be acquainted with these

striking mental and moral vagaries, particularly in their

forensic and psychological significances, that our essay is

addressed. In some cases vital for the administration of

justice, an understanding of the types of personality and of

behavior here under discussion is a prime necessity.

The whole study of characterology or the motivation of conduct is

extremely new, and there are many indications of immense values

in uncovered fields. Some appreciation of this fact may be

gained from the following pages which show the possibility of

tracing one form of behavior to its source.

We have laid under contribution practically the entire literature

on the subject, almost none of which is in English, and also the

thorough-going longitudinal case studies made by the Juvenile

Psychopathic Institute of Chicago. In the latter material there

was found much of value bearing upon the subject of lying, false

accusation, and swindling of pathological character.

Our institute, later taken over officially by the Juvenile Court

of Cook County, was for five years maintained upon a foundation

provided by Mrs. W. F. Dummer.

WILLIAM HEALY

MARY TENNEY HEALY

WINNETKA, ILL.

June, 1915.

CONTENTS

CHAPTER

EDITORIAL ANNOUNCEMENT

PREFACE

I. INTRODUCTION

II. PREVIOUS STUDIES

III. CASES OF PATHOLOGICAL LYING AND SWINDLING

IV. CASES OF PATHOLOGICAL ACCUSATION

V. CASES OF PATHOLOGICAL LYING IN BORDER-LINE MENTAL TYPES

VI. CONCLUSIONS

INDEX OF AUTHORS

INDEX OF TOPICS

PATHOLOGICAL LYING, ACCUSATION, AND SWINDLING

CHAPTER I

INTRODUCTION

Through comparison of the literature on pathological lying with

our own extensive material we are led to perceive the insistent

necessity for closer definition of the subject than has been

heretofore offered. Reasons for excluding types earlier

described as pathological liars will be found throughout our

work. Better definition goes hand in hand with better

understanding, and it is only natural that formal, detailed

contemplation of the subject should lead to seeing new lines of

demarcation.

Definition: Pathological lying is falsification entirely

disproportionate to any discernible end in view, engaged in by a

person who, at the time of observation, cannot definitely be

declared insane, feebleminded, or epileptic. Such lying rarely,

if ever, centers about a single event; although exhibited in very

occasional cases for a short time, it manifests itself most

frequently by far over a period of years, or even a life time.

It represents a trait rather than an episode. Extensive, very

complicated fabrications may be evolved. This has led to the

synonyms:--mythomania; pseudologia phantastica.

It is true that in the previous literature, under the head of

pathological liars, cases of epilepsy, insanity, and mental

defect have been cited, but that is misleading. A clear

terminology should be adopted. The pathological liar forms a

species by himself and as such does not necessarily belong to any

of these larger classes. It is, of course, scientifically

permissible, as well as practically valuable, to speak of the

epileptic or the otherwise abnormal person through his disease

engaging in pathological lying, but the main classification of an

individual should be decided by the main abnormal condition.

A good definition of pathological accusation follows the above

lines. It is false accusation indulged in apart from any obvious

purpose. Like the swindling of pathological liars, it appears

objectively more pernicious than the lying, but it is an

expression of the same tendency. The most striking form of this

type of conduct is, of course, self-accusation. Mendacious self-

impeachment seems especially convincing of abnormality. Such

falsification not infrequently is episodic.

The inclusion of swindling in our discussion is due to the

natural evolution of this type of conduct from pathological

lying. Swindling itself could hardly be called a pathological

phenomenon, since it is readily explicable by the fact that it is

entered into for reasons of tangible gain, but when it is the

product of the traits shown by a pathological liar it, just as

the lying itself, is a part of the pathological picture. It is

the most concrete expression of the individual's tendencies.

This has been agreed to by several writers, for all have found it

easy to trace the development of one form of behavior into the

other. As Wulffen says, ``Die Gabe zu Schwindeln ist eine `Lust

am Fabulieren.' '' Over and over again we have observed the

phenomenon as the pathological liar gradually developed the

tendency to swindle.

Notwithstanding the grave and sensational social issues which

arise out of pathological lying, accusation, and swindling, there

is very little acquaintance with the characteristics of cases

showing this type of behavior, even by the people most likely to

meet the problems presented. Lawyers, or other professional

specialists have slight knowledge of the subject. Perhaps this

is due to the fact that the pathological lying does not follow

the usual lines of abnormal human behavior, unless it be among

the insane where other symptoms proclaim the true nature of the

case. Another reason for the slight acquaintance with the

subject is the fact that almost nothing has been written on it in

English.

The important part which behavior of this type sometimes plays in

court work is witnessed to by the records of our own cases as

well as those cited in the previous literature. The legal issues

presented by pathological lying may be exceedingly costly. These

facts make it important that the well-equipped lawyer, as well as

the student of abnormal psychology, be familiar with the

specific, related facts. For such students the cardinal point of

recognition of this class of conduct may at once be stated to be

its apparent baselessness.

The only method by which good understanding may be obtained of

the types of personality and mentality involved in pathological

lying, accusation, and swindling, as well as of the genetics of

these tendencies, is by the detailed reading of typical case

histories. In this fact is found the reason for the presentation

of this monograph. Appreciation of the nature of the phenomena

can only be obtained through acquaintance with an entire career.

Any of us may be confronted by fabrications so consistent as to

leave at one or several interviews the impression of truth.

Our selection of literature to summarize needs no explanation.

We have simply taken all that we could find which specifically

bears on the problem. Lying, in general, especially as a form of

delinquency, has received attention at the hands of some authors,

notably Ferriani[1] and Duprat.[2] The falsifications and

phantasies of children and adolescents have been dealt with by

Stanley Hall.[3] None of these goes into the important, narrower

field with which we are here concerned. The foreign literature

is vitally important in its opening up of the subject, but from

the standpoint of modern psychopathology it does not adequately

cover the ground.

[1] Ferriani, Lino, ``L'Enfance criminelle.'' Milan, 1894.

(Trans. Minderjahrige Verbrecher. Berlin, 1896.)

[2] Duprat, G.-L., ``Le mensonge.'' Alcan, Paris, 1903.

[3] Hall, G. Stanley, ``Children's Lies.'' Amer. Journal of

Psychology, Jan. 1890; pp. 59-70.

The fabrications, often quite clever, of the clearly insane,

which in earlier literature are confounded with pathological

lying, we have discriminated against as not being profitable for

us to discuss here, while not denying, however, the possibility

in some instances of lies coexisting with actual delusions. We

well remember a patient, a brilliant conversationalist and letter

writer, but an absolutely frank case of paranoia, whom we had not

seen for a period during which she had concocted a new set of

notions involving even her own claim to royal blood, confronting

us with a merry, significant smile and the remark, ``You don't

believe my new stories, do you?''

A short statement on the relation of lying to delinquency may be

of interest here. Ferriani's discussion[4] of the lying of 500

condemned juvenile offenders, with classification of their lies,

ranging from self-defense, weakness, and fancy, to nobility of

purpose, does not include our field. Nor does he leave much room

for appreciation of the fact we very definitely have observed,

namely, that plenty of young offenders are robust speakers of the

truth. Our analysis[5] of the delinquencies of 1000 young

repeated offenders carefully studied by us does not tell the

proportion of truth tellers as distinguished from liars, but it

does give the number in which lying was a notable and excessive

trait. The total number of males studied was 694, of females

306. Ages ranged from 6 to 22; average about 16 years.

[4] loc. cit.

[5] Vide p. 140, in chapter on Statistics, William Healy, ``The

Individual Delinquent.'' Little, Brown, and Co. Boston, 1915.

MALES FEMALES

Lying--counted only when excessive and a 104 80

notorious characteristic of the individual, (15%) (26%)

False accusations--only recorded when of an 5 16

excessive and dangerous sort, (.7%) (5%)

The exact number of pathological liars is not determinable in our

series because of the shading of this lying into other types. It

would be safe to say that 8 or 10 of the 1000 were genuine cases

of pathological lying according to our definition, that 5 more

engaged in pathological false accusations without a notorious

career in other kinds of lying. Examples of borderline mental

cases showing fantastic lying and accusations are given in our

special chapter. Some of the cases of pathological lying given

in this work do not belong to the series of 1000 cases analyzed

for statistical purposes. The extraordinary number of times

several of these individuals appeared in court (resembling in

this respect the European case histories) shows that the total

amount of trouble caused by this class is not in the least

represented by their numerical proportion among offenders.

We have purposely limited our own material for presentation.

Here, as elsewhere, we insist on the value of genetics and

consequently have busied ourselves at length with those cases

where we could gain something like an adequate conception of the

antecedents in family and developmental histories and where some

measure of the psychogenetic features could be taken. Cases of

older individuals with their prolonged and often picturesque

careers, equivalent to those recounted in European literature, we

have left strictly alone. One ever finds that the older the

individual the less one can learn satisfactorily of beginnings of

tendencies, just on account of the unreliability of the principal

actor in the drama. The cases of older swindlers at first sight

seem to offer much for the student of criminalistics, if only for

purely descriptive purposes, but in the literature we have failed

to find any satisfactory studies of the formative years of such

careers. By taking instances of younger pathological liars, such

as we have studied, the natural progress into swindling can be

readily seen.

In court work we have been brought face to face with many cases

of false accusation and, of course, with plenty of the usual kind

of lying. Where either of these has been entered into by way of

revenge or in belief that it would aid in getting out of trouble,

no further attention has been paid to it from the standpoint of

pathological lying. Our acquaintance with some professional

criminals, particularly of the sneak-thief or pick-pocket class,

has taught us that living conditions for the individual may be

founded on whole careers of misrepresentation and lies--for very

understandable reasons. Self-accusations may sometimes be

evolved with the idea of gaining directly practical results, as

when a lover or a comrade is shielded, or when there is danger of

a larger crime being fastened on the self-incriminator.

In selection and treatment of our material we have confined

ourselves as closely as possible to the definition first given in

this chapter--a definition that after some years of observation

we found could be made and held to. While we would not deny that

some of our cases may eventually find their way into an insane

hospital, still none of them, except some we have enumerated

under the name of border-line types, has so far shown any

indication of this. That some of our cases have more or less

recovered from a strongly-marked and prolonged inclination to

falsify is a fact of great importance for treatment and

prognosis.

We see neither reason for including insane cases nor for

overlapping the already used classifications which are based on

more vital facts than the symptom of lying. Our use of abnormal

cases in our chapter, ``Illustrations of Border-Line Types,''

will be perfectly clear to those who read these cases. They

represent the material not easily diagnosed, sometimes after long

observation by professional people, or else they are clearly

abnormal individuals who, by the possession of certain

capacities, manage to keep their heads well above the level of

social incompetency as judged by the world at large.

We have introduced only the cases where we have had ample proof

that the individual had been given to excessive lying of our

peculiar type. In the court room and working with delinquents

outside the court, it is in rare instances totally impossible to

know where the truth finally rests; such have been left out.

Then, too, we omit cases in which false accusations have about

them the shadow of even a suspicion of vindictiveness. False

accusations of young children against parents would hardly seem

to have such a basis, and yet in some instances this fact has

come out clearly. Grudge-formation on the part of young

individuals has all through our work been one of the

extraordinary findings; capacity for it varies tremendously in

different individuals.

Several forms of excessive lying, particularly those practised by

children and adolescents, are not discussed by us because they

are largely age phenomena and only verge upon the pathological as

they are carried over into wider fields of conduct. The

fantasies of children, and the almost obsessional lying in some

young adolescents, too, we avoid. There is much shading of

typical pathological lying into, on the one hand, the really

insane types, and, on the other hand, into the lying which is to

be explained by quite normal reactions or where the tendency to

mendacity is only partially developed.

It has been a matter of no small interest to us that in planning

this monograph we conceived it necessary to consider part of our

material under the head of episodic pathological lying and that

later we had to omit this chapter. Surely there had been

cases--so it seemed to us at first--where purposeless lying had

been indulged in for a comparatively short time, particularly

during the adolescent period, without expression of a

prevaricating tendency before or after this time. When we came

to review our material with this chapter in mind we found no

sufficient verification of the fact that there was any such thing

as episodic pathological lying, apart from peculiar

manifestations in cases of epilepsy, hysteria, and other mental

abnormalities. A short career of extensive lying, not

unfrequently met with in work for juvenile courts and other

social agencies, seems, judging from our material, to be always

so mixed up with other delinquencies or unfortunate sex

experiences that the lying, after all, cannot be regarded as

purposeless. It is indulged in most often in an attempt to

disguise undesirable truths. That false accusations and even

self-accusations are engaged in for the same purpose goes without

saying. The girl who donned man's clothes, left home and lived

for months a life of lies was seeking an adventure which would

offset intolerable home conditions. The young woman who after

seeing something of the pleasures of the world was placed in a

strict religious home where she told exaggerated stories about

her own bad behavior, was endeavoring to get more freedom

elsewhere. A young fellow whom we found to be a most persistent

and consistent liar was discovered to have been already well

schooled in the art of professional criminalistic

self-protection. So it has gone. Investigation of each of these

episodic cases has shown the fabrications to emanate either from

a distinctly abnormal personality or to partake of a character

which rules them out of the realm of pathological lying. In our

cases of temporary adolescent psychoses lying was rarely found a

puzzling feature; the basic nature of the case was too easily

discoverable.

A fair question to ask at this point is whether pathological

lying is ever found to be the only delinquency of the given

individual. We should hesitate to deny the possibility of its

being the sole offense, but in our study of a long list of cases,

and after review of those reported by other authors, it seems

practically impossible to find a case of this. The tendencies

soon carry the person over to the production of other

delinquencies, and if these do not come in the category of

punishable offenses, at least, through the trouble and suffering

caused others, they are to be regarded essentially as misconduct.

The reverse of the above question deserves a word or two of

attention; are there marked cases of delinquency which do not

show lying? Surveying the figures of Ferriani[6] who enumerated

thousands of lies, belonging to his nine classes of

prevarications, which a group of 500 young offenders indulged in,

one would think that all delinquents are liars many times over.

But as a matter of fact we have been profoundly astonished to

discover that a considerable percentage of the cases we have

studied, even of repeated offenders, have proved notably

truthful. Occasionally the very person who will engage in a

major form of delinquency will hesitate to lie. Our experience

shows this to be less true, however, of sex delinquency than

perhaps of any other. This statement is based on general

observations; the accurate correlations have not been worked up.

Occasionally the professional criminal of many misdeeds is proud

of his uprightness in other spheres of behavior, including

veracity. But even here one would have to classify carefully,

for it is obvious that the typical swindler would find lying his

best cloak of disguise. On the other hand, a bold safe-blower

may look down with scorn upon a form of criminality which demands

constant mendacity.

[6] loc. cit.

Realizing that pathological lying is a type of delinquency, and

following the rule that for explanation of conduct tendencies one

must go to youthful beginnings, we have attempted to gain the

fullest possible information about the fundamentals of

developmental and family history, early environment, and early

mental experiences. Fortunately we have often been able to

obtain specific and probably accurate data on heredity. The many

cases which have been only partially studied are not included.

Successive cross-section studies have been made in a number of

cases, and it has been possible to get a varying amount of

after-history. Observational, historical, and analytical data

thus accumulated have given us a particularly favorable

opportunity for discerning the bases of this special delinquent

tendency. The results of the various kinds of social treatment

which have been undertaken are not the least interesting of our

facts.

To enumerate the results obtained on the many mental tests given

in most cases seems quite unnecessary for the purpose of this

monograph. We have referred to a few points of special interest

and rarely have designated the results on tests in our series.

In general, the reader probably will be better off with merely

the statement of the principal findings and of the mental

diagnosis.

Of much interest for the present subject is the development of

psychological studies of testimony or report. Because of the

natural expectation that the pathological liar might prove to be

an unreliable witness our studies on this point will be offered

in detail. For years we have been giving a picture memory test

on the order of one used extensively abroad. This ``Aussage''

Test is the one described as Test VI in our monograph on

Practical Mental Classification.[7] More recently our studies on

the psychology of testimony have led us into wider fields of

observation, and here the group of cases now under discussion may

have to stand by themselves. The picture, the record of

testimony on which is given in some detail in our case histories,

is that of a butcher's shop with objects and actions that are

universally comprehended. After careful and fair explanation of

what is about to be undertaken, the picture is exposed for ten

seconds, and then the examinee is asked to give a free recital of

all he saw. When he states that no more is remembered he is

questioned on omitted details. (All told, there are about 50

details of varying importance in the picture.) During the

progress of this part of the examination he is asked if he saw 7

objects which might well be in a butcher shop, but which are not

in the picture. This is the test for susceptibility to

suggestion. All points are carefully scored. Norms on this

test, as on many others, it seems hardly fair to give by

averages--there is much variation according to mentality and even

personality groups. Practically all of our cases of pathological

lying range above the age of young childhood, so it is not

necessary here to discuss the characteristics of young children's

testimony. Perhaps it is sufficient to say that the ordinary

individual recalls voluntarily or upon questioning upwards of 20

items, and does not give incorrect items to any extent. On

questioning he may perhaps accept one or two of the seven

suggestions, but when details in general are asked for he does

not add fictional items more than are accounted for by some

little slip of memory. One can find definite types of

intellectual honesty, even among children of 10 or 12 years of

age, when there is no tampering with the truth; if an item has

not been observed, there is no effort to make it seem otherwise.

For discussion of the results on this test among our pathological

liars we refer to our chapter on conclusions.

[7] ``Tests for Practical Mental Classification,'' by William

Healy and Grace M. Fernald, Monograph No. 54. Psychological

Review Pub. Co., 1911, Princeton University, Princeton, N. J.

The short summary of causative factors given at the end of the

case study deals only with the factors of delinquency. To avoid

misinterpretation of the coordinated facts, what they are focused

upon should ever be remembered. The statement of these

ascertained factors brings out many incidental points which

should be of interest to lawyers and other students of

criminalistics.

It should be needless to state to our professional readers that

the personalities represented in our case histories are entirely

fictitious, but that alterations have been made only in such

facts as will not impair scientific values. We confess to no

particular pleasure in writing up this rather sordid material;

the task is undertaken because such studies offer the only way to

gain that better understanding which is necessary for adequate

treatment of special types of human beings.

Pathology of Lying, Accusation, and Swindling: A Study in Forensic Psychology · 第 1 / 7 章