Section 67. (c) Pregnancy.

We may speak of the conditions and effects of pregnancy very briefly.

The doubt of pregnancy will be much less frequent than that of

menstruation, for the powerful influence of pregnancy on the psychic

life of woman is well-known, and it is hence the more important to call

in the physician in cases of crimes committed by pregnant women, or in

cases of important testimony to be given by such women. But, indeed, the

frequently obvious remarkable desires, the significant conduct, and the

extraordinary, often cruel, impulses, which influence pregnant women,

and for the appearance of which the physician is to be called in, are

not the only thing. The most difficult and most far-reaching conditions

of pregnancy are the purely psychical ones which manifest themselves in

the sometimes slight, sometimes more obvious alterations in the woman’s

point of view and capacity for producing an event. In themselves they

seem of little importance, but they occasion such a change in the

attitude of an individual toward a happening which she must describe to

the judge, that the change may cause a change in the judgment. I repeat

here also, that it may be theoretically said, “The witness must tell us

facts, and only facts,” but this is not really so. Quite apart from the

fact that the statement of any perception contains a judgment, it

depends also and always on the point of view, and this varies with the

emotional state. If, then, we have never experienced any of the

emotional alteration to which a pregnant woman is subject, we must be

able to interpret it logically in order to hit on the correct thing. We

set aside the altered somatic conditions of the mother, the disturbance

of the conditions of nutrition and circulation; we need clearly to

understand what it means to have assumed care about a developing

creature, to know that a future life is growing up fortunately or

unfortunately, and is capable of bringing joy or sorrow, weal or woe to

its parents. The woman knows that her condition is an endangerment of

her own life, that it brings at least pains, sufferings, and

difficulties (as a rule, over-estimated by the pregnant woman).

Involuntarily she feels, whether she be educated or uneducated, the

secrecy, the elusiveness of the growing life she bears, the life which

is to come out into the world, and to bring its mother’s into jeopardy

thereby. She feels nearer death, and the various tendencies which are

attached to this feeling are determined by the nature and the conditions

of each particular future mother’s sensations. How different may be the

feeling of a poor abandoned bride who is expecting a child, from that of

a young woman who knows that she is to bring into the world the

eagerly-desired heir of name and fortune. Consider the difference

between the feeling of a sickly proletarian, richly blessed with

children, who knows that the new child is an unwelcome superfluity whose

birth may perhaps rob the other helpless children of their mother, with

the feeling of a comfortable, thoroughly healthy woman, who finds no

difference between having three or having four children.

And if these feelings are various, must they not be so intense and so

far-reaching as to influence the attitude of the woman toward some event

she has observed? It may be objected that the subjective attitude of a

witness will never influence a judge, who can easily discover the

objective truth in the one-sided observation of an event. But let us not

deceive ourselves, let us take things as they are. Subjective attitude

may become objective falsehood in spite of the best endeavor of the

witness, and the examiner may fail altogether to distinguish between

what is truth and what poetry. Further, in many instances the witness

must be questioned with regard to the impression the event made on her.

Particularly, if the event can not be described in words.

We must ask whether the witness’s impression was that an attack was

dangerous, a threat serious, a blackmail conceivable, a brawl

intentional, a gesture insulting, an assault premeditated. In these, and

thousands of other cases, we must know the point of view, and are

compelled to draw our deductions from it. And finally, who of us

believes himself to be altogether immune to emotional induction? The

witness describes us the event in definite tones which are echoed to us.

If there are other witnesses the incomplete view may be corrected, but

if there is only one witness, or one whom for some reason we believe

more than others, or if there are several, but equally-trusted

witnesses, the condition, view-point, and “fact,” remain inadequate in

us. Whoever has before him a pregnant woman with her impressions

altered in a thousand ways, may therefore well be “up in the air!”[263]

The older literature which develops an elaborate casuistic concerning

cases in which pregnant women exhibited especial desires, or abnormal

changes in their perceptions and expressions, is in many directions of

considerable importance. We must, however, remember that the old

observations are rarely exact and were always made with less knowledge

than we nowadays possess.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 34 / 79 章