Section 53. (b) The Forms of Reproduction.

Kant analyzes memory:

1. As apprehending something in memory.

2. As retaining it for a long time.

3. As immediately recalling it.

One might, perhaps add, as 4: that the memory-image is most conformable

to the actual one. This is not identical with the fact that we recollect

at all. It is to be assumed that the forms of memory-images vary very

much with different persons, because each individual verifies his images

of various objects variously. I know two men equally well for an equal

time, and yet have two memory-images of them. When I recall one, a

life-sized, moving, and moved figure appears before me, even the very

man himself; when I think of the other, I see only a small, bare

silhouette, foggy and colorless, and the difference does not require

that the first shall be an interesting and the second a boresome

individual. This is still clearer in memory of travels. One city appears

in recollection with size, color and movement, real; the other, in which

I sojourned for the same length of time and only a few days later, under

similar conditions of weather, etc., appears like a small, flat

photograph. Inquiry reveals that this is as true of other people as of

me, and that the problem of memory is much differentiated by the method

of recollection. In fact, this is so little in doubt that at some

periods of time there are more images of one sort than of another and

what is a rule for one kind of individual is an exception for another.

Now there is a series of phenomena for which we possess particular types

of images which often have little to do with the things themselves. So

Exner says: “We might know the physiognomy of an individual very

accurately, be able to pick him out among a thousand, without being

clear about the differences between him and another; indeed, we often do

not know the color of his eyes and hair, yet marvel when it suddenly

becomes different.”

Kries[220] calls attention to another fact: “When we try to mark in

memory the contour of a very well-known coin, we deceive ourselves,

unbelievably--when we see the coin the size we imagine it to be, we

wonder still more.”

Lotze shows correctly that memory never brings back a blinding flash of

light, or the over-powering blow of an explosion with the intensity of

the image in proper relation to the impression. I believe that it is not

necessary to go so far, for example, and hold that not even the

sparkling of a star, the crack of a pistol, etc., are kept in memory

with more than partial implication of the event. Maudsley points out

correctly that we can have no memory of pain--“because the disturbance

of nervous elements disappears just as soon as their integrity is again

established.” Perhaps, also, because when the pain has disappeared, the

tertium comparationis is lacking. But one need not limit oneself to

pain, but may assert that we lack memory of all unpleasant sensations.

The first time one jumps into the water from a very high spring-board,

the first time one’s horse rises over a hurdle, or the first time the

bullets whistle past one’s ear in battle, are all most unpleasant

experiences, and whoever denies it is deceiving himself or his friends.

But when we think of them we feel that they were not so bad, that one

merely was very much afraid, etc. But this is not the case; there is

simply no memory for these sensations.

This fact is of immense importance in examination and I believe that no

witness has been able effectively to describe the pain caused by a body

wound, the fear roused by arson, the fright at a threat, not, indeed,

because he lacked the words to do so, but because he had not sufficient

memory for these impressions, and because he has nothing to-day with

which to compare them. Time, naturally, in such cases makes a great

difference, and if a man were to describe his experiences shortly after

their uncomfortable occurrence he would possibly remember them better

than he would later on. Here, if the examiner has experienced something

similar, years ago, he is likely to accuse the witness of exaggeration

under the belief that his own experience has shown the thing to be not

so bad. Such an accusation will be unjust in most instances. The

differences in conception depend to a large degree on differences in

time, and consequent fading in memory. Several other particular

conditions may be added.

Kant, e.g., calls attention to the power we have over our fancy: “In

memory, our will must control our imagination and our imagination must

be able to determine voluntarily the reproduction of ideas of past

time.”

But these ideas may be brought up not only voluntarily; we have also a

certain degree of power in making these images clearer and more

accurate. It is rather foolish to have the examiner invite the witness

to “exert his memory, to give himself the trouble, etc.” This effects

nothing, or something wrong. But if the examiner is willing to take the

trouble, he may excite the imagination of the witness and give him the

opportunity to exercise his power over the imagination. How this is done

depends naturally upon the nature and education of the witness, but the

judge may aid him just as the skilful teacher may aid the puzzled pupil

to remember. When the pianist has completely forgotten a piece of music

that he knew very well, two or three chords may lead him to explicate

these chords forward or backward, and then--one step after another--he

reproduces the whole piece. Of course the chords which are brought to

the mind of the player must be properly chosen or the procedure is

useless.

There are rules for the selection of these clews. According to

Ebbinghaus: “The difference in the content of the recollected is due to

discoverable causes. Melodies may become painful because of their

undesirable obstinacy in return. Forms and colors do not usually recur,

and if they do, they do so with noticeable claims on distinctness and

certainty. Past emotional conditions are reproduced only with effort, in

comparatively pallid schemes, and often only by means of the

accompanying movements.” We may follow these clews, in some directions

at least, to our advantage. Of course, nobody will say that one should

play tunes to witnesses in order to make them remember, because the

tunes have sunk into the memory with such undesirable obstinacy as to be

spurs to recollection. It is just as futile to operate with forms and

colors, or to excite emotional conditions. But what has been said leads

us back to the ancient rule of working so far as is possible with the

constantly well-developed sense of location. Cicero already was aware of

this: “Tanta vis admonitionis inest in locis, id quidem infinitum in hac

urbe, quocumque enim ingredimur, in aliquam historiam vestigium

possumus.” Indeed he deduces his whole doctrine of memory from the sense

of location, or he at least justifies those who do so.

If, then, we bring a witness, who in our court house recollects nothing,

in locum rei sitae, all the mentioned conditions act favorably.[221]

The most influential is the sense of location itself, inasmuch as every

point at which something significant occurred not only is the content of

an association, but is also the occasion of one. It is, moreover, to be

remembered that reproduction is a difficult task, and that all

unnecessary additional difficulties which are permitted to accrue,

definitely hinder it. Here, too, there is only a definite number of

units of psychical energy for use, and the number which must be used for

other matters is lost to the principal task. If, e.g., I recall an event

which had occurred near the window of a definite house, I should have

considerable difficulty to recall the form of the house, the location of

the window, its appearance, etc., and by the time this attempt has

barely begun to succeed, I have made so much effort that there is not

sufficient power left for the recollection of the event we are really

concerned with. Moreover, a mistake in the recollection of extraneous

objects and the false associations thereby caused, may be very

disturbing to the correctness of the memory of the chief thing. If,

however, I am on the spot, if I can see everything that I had seen at

the time in question, all these difficulties are disposed of.

We have still to count in the other conditions mentioned above. If

acoustic effects can appear anywhere, they can appear in the locality

where they first occurred. The same bell ringing, or a similar noise,

may occur accidentally, the murmur of the brook is the same, the rustle

of the wind, determined by local topography, vegetation, especially by

trees, again by buildings, varies with the place. And even if only a

fine ear can indicate what the difference consists of, every normal

individual senses that difference unconsciously. Even the “universal

noise,” which is to be found everywhere, will be differentiated and

characteristic according to locality, and that, together with all these

other things, is extraordinarily favorable to the association of ideas

and the reproduction of the past. Colors and forms are the same, similar

orders may occur, and possibly the same attitudes are awakened, since

these depend in so great degree upon external conditions. Now, once

these with their retrospective tendencies are given, the recollection of

any contemporary event increases, as one might say, spontaneously.

Whatever may especially occur to aid the memory of an event, occurs best

at the place where the event itself happened, and hence, one can not too

insistently advise the examination of witnesses, in important cases,

only in loco rei sitae. Incidentally, the judge himself learns the real

situation and saves himself, thereby, much time and effort, for he is

enabled in a few words to render the circumstantial descriptions which

have to be composed with so much difficulty when the things are not seen

and must be derived from the testimonies of the witnesses themselves.

Whoever does not believe in the importance of conducting the examination

at the place of an event, needs only to repeat his examination twice,

once at the court, and again at the place--then he certainly will doubt

no more. Of course the thing should not be so done that the event should

be discussed with the witness at the place of its occurrence and then

the protocol written in the house of the mayor, or in an inn half an

hour away--the protocol must to the very last stroke of the pen be

written then and there, in order that every impression may be renewed

and every smallest doubt studied and corrected. Then the differences

between what has passed, what has been later added, and what is found

to-day can be easily determined by sticking to the rule of Uphues, that

the recognition of the present as present is always necessary for the

eventual recognition of the past. Kant has already suggested what

surprising results such an examination will give: “There are many ideas

which we shall never again in our lives be conscious of, unless some

occasion cause them to spring up in the memory.” But such a particularly

powerful occasion is locality, inasmuch as it brings into play all the

influences which our senses are capable of responding to.[222]

Of course the possibility of artificially-stimulated memory disappears

like all memory, with the lapse of time. As a matter of fact, we know

that those of our experiences which concern particular persons and

things, and which are recalled at the sight of those persons and things,

become, later on, when the connections of images have been broken,

capable only of awakening general notions, even though the persons or

things are as absolutely present as before. But very unfavorable

circumstances must have been at work before such a situation can

develop.

It is characteristic, as is popularly known, that memory can be

intensified by means of special occasions. It is Höfler’s opinion that

the Spartan boys were whipped at the boundary stones of their country in

order that they might recall their position, and even now-a-days our

peasants have the custom, when setting up new boundary stones, of

grasping small boys by the ears and hair in order that they shall the

better remember the position of the new boundary mark when, as grown

men, they will be questioned about it. This being the case, it is safer

to believe a witness when he can demonstrate some intensely influential

event which was contemporaneous with the situation under discussion, and

which reminds him of that situation.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 20 / 79 章