Section 56. (e) Mnemotechnique.

Just a few words concerning mnemotechnique, mnemonic, and anamnestic.

The discovery of some means of helping the memory has long been a human

purpose. From Simonides of Chios, to the Sophist Hippias of Elis,

experiments have been made in artificial development of the memory, and

some have been remarkably successful. Since the middle ages a large

group of people have done this. We still have the figures of the valid

syllogisms in logic, like Barbara, etc. The rules for remembering in the

Latin grammar, etc., may still be learned with advantage. The books of

Kothe and others, have, in their day, created not a little discussion.

As a rule, modern psychology pays a little attention to memory devices.

In a certain sense, nobody can avoid mnemonic, for whenever you tie a

knot in your handkerchief, or stick your watch into your pocket upside

down, you use a memory device. Again, whenever you want to bear anything

in mind you reduce difficulties and bring some kind of order into what

you are trying to retain.

Thus, some artificial grip on the object is applied by everybody, and

the utility and reliability of this grip determines the trustworthiness

of a man’s memory. This fact may be important for the criminal lawyer in

two ways. On the one hand, it may help to clear up misunderstandings

when false mnemonic has been applied. Thus, once somebody called an

aniline dye, which is soluble in water and is called “nigrosin,” by the

name “moorosin,” and asked for it under that name in the store. In order

to aid his memory he had associated it with the word for black man =

niger = negro = moor, and thus had substituted moor for nigro in the

construction of the word he wanted. Again, somebody asked for the “Duke

Salm” or the “Duke Schmier.” The request was due to the fact that in the

Austrian dialect _salve_ is pronounced like salm and the colloquial for

“salm” is “schmier” (to wipe). Dr. Ernst Lohsing tells me that he was

once informed that a Mr. Schnepfe had called on him, while, as a matter

of fact the gentleman’s name was Wachtel. Such misunderstandings,

produced by false mnemonic, may easily occur during the examination of

witnesses. They are of profound significance. If once you suspect that

false memory has been in play, you may arrive at the correct idea by

using the proper synonyms and by considering similarly-pronounced words.

If attention is paid to the determining conditions of the special case,

success is almost inevitable.

The second way in which false mnemotechnique is important is that in

which the technique was correct, but in which the key to the system has

been lost, i.e., the witness has forgotten how he proceeded. Suppose,

for example, that I need to recall the relation of the ages of three

people to each other. Now, if I observe that M is the oldest, N the

middle one, and O the youngest, I may suppose, in order to help my

memory, that their births followed in the same order as their initials,

M, N, O. Now suppose that at another time, in another case I observe the

same relation but find the order of the initials reversed O, N, M. If

now, in the face of the facts, I stop simply with this technique, I may

later on substitute the two cases for each other. Hence, when a witness

says anything which appears to have been difficult to remember, it is

necessary to ask him _how_ he was able to remember it. If he assigns

some aid to memory as the reason, he must be required to explain it, and

he must not be believed unless it is found reliable. If the witness in

the instance above, for example, says, “I never make use of converse

relations,” then his testimony will seem comparatively trustworthy. And

it is not difficult to judge the degree of reliability of any aid to

memory whatever.

Great liars are frequently characterized by their easy use of the most

complicated mnemotechnique. They know how much they need it.

Topic 7. THE WILL.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 23 / 79 章