Section 80. (2) _Children as Witnesses._

Once, in an examination of the value of the testimony of children, I

found it to be excellent in certain directions because not so much

influenced by passion and special interest as that of adults, and

because we may assume that children have classified too little rather

than too much; that they frequently do not understand an event but

perceive instinctively that it means disorder, and hence, become

interested in it. Later the child gets a broader horizon and understands

what he has not formerly understood, although, possibly, not altogether

with correctness.

I have further found that the boy just growing out of childhood, in so

far as he has been well brought up, is especially the best observer and

witness there is. He observes everything that occurs with interest,

synthesizes events without prejudice, and reproduces them accurately,

while the girl of the same age is often an unreliable, even dangerous

witness. This is almost always the case when the girl is in some degree

talented, impulsive, dreamy, romantic, and adventurous,--she expresses a

sort of weltschmerz connected with ennui. This comes early, and if a

girl of that age is herself drawn into the circle of the events in

question, we are never safe from extreme exaggeration. The merest

larceny becomes a small robbery; a bare insult, a remarkable attack; a

foolish quip, an interesting seduction; and a stupid, boyish

conversation, an important conspiracy. Such causes of mistakes are

well-known to all judges; at the same time they are again and again

permitted to recur.

The sole means of safety from them is the clearest comprehension

possible of the mental horizon of the child in question. We have very

little general knowledge about it, and hence, are much indebted to the

contemporary attempts of public-school teachers to supply the

information. We all know that we must make distinctions between city and

country children, and must not be surprised at the country child who has

not seen a gas-lamp, a railroad, or something similar. Stanley Hall

tried to discover from six year old children whether they really knew

the things, the names of which they used freely. It seemed, as a result,

that 14% of them had never seen a star; 45% had never been in the

country; 20% did not know that milk came from a cow; 50% that fire-wood

comes from trees; 13% to 15% the difference between green, blue and

yellow; and 4% had never made the acquaintance of a pig.

Karl Lange made experiments (reported in “Über Apperzeption,” Plauen,

1889) on 500 pupils in 33 schools in small towns. The experiment showed

that 82% had never seen sun-rise; 77% a sunset; 36% a corn field; 49% a

river; 82% a pond; 80% a lock; 37% had never been in the woods, 62%

never on the mountains, and 73% did not know how bread was made from

grain. Involuntarily the question arises, what must be the position of

the unfortunate children of large cities, and moreover, what may we

expect to hear from children who do not know things like that, and at

the same time speak of them easily? Adults are not free from this

difficulty either. We have never yet seen a living whale, or a sandstorm

in the Sahara, or an ancient Teuton, yet we speak of them confidently

and profoundly, and never secure ourselves against the fact that we have

never seen them. Now, as we of the ancient Teuton, so children of the

woods; neither have seen them, but one description has as much or as

little value as the other.

Concerning the integration of senses, Binet and Henri[283] have examined

7200 children, whom they had imitate the length of a model line, or pick

out from a collection of lines those of similar length. The latter

experiment was extraordinarily successful.

The senses of children are especially keen and properly developed. It is

anatomically true that very young children do not hear well; but that is

so at an age which can not be of interest to us. Their sense of smell

is, according to Heusinger, very dull, and develops at the time of

puberty, but later observers, in particular those who, like Hack,

Cloquet and others, have studied the sense of smell, say nothing about

this.

Concerning the accuracy of representation in children authorities are

contradictory. Montaigne says that all children lie and are obstinate.

Bourdin corroborates him. Maudsley says that children often have

illusions which seem to them indubitably real images, and Mittermaier

says that they are superficial and have youthful fancies. Experience in

practice does not confirm this judgment. The much experienced Herder

repeatedly prizes children as born physiognomists, and Soden values the

disinterestedness of children very highly. According to Löbisch,

children tell untruths without lying. They say only what they have in

mind, but they do not know and care very little whether their mental

content is objective and exists outside of them, or whether only half

real and the rest fanciful. This is confirmed by legal experience which

shows us, also, that the subjective half of a child’s story may be

easily identified. It is characteristically different from the real

event and a confusion of the two is impossible.

We must also not forget that there are lacunae in the child’s

comprehension of what it perceives. When it observes an event, it may,

e.g., completely understand the first part, find the second part

altogether new and unintelligible, the third part again comprehensible,

etc. If the child is only half-interested, it will try to fill out these

lacunae by reflection and synthesis, and may conceivably make serious

blunders. The blunders and inaccuracies increase the further back the

event goes into the child’s youth. The real capacity for memory goes far

back. Preyer[284] tells of cases in which children told of events that

they had experienced at thirty-two, twenty-four, and even eighteen

months, and told them correctly. Of course, adults do not recall

experiences of such an early age, for they have long since forgotten

them. But very small children can recall such experiences, though in

most cases their recollection is worthless, their circle of ideas being

so small that the commonest experiences are excluded from adequate

description. But they are worth while considering when a mere fact is in

question, or is to be doubted (Were you beaten? Was anybody there? Where

did the man stand?).

Children’s determinations of time are unreliable. Yesterday and to-day

are easily confused by small children, and a considerably advanced

intelligence is necessary to distinguish between yesterday and a week

ago, or even a week and a month. That we need, in such cases, correct

individualization of the witness is self-evident. The conditions of the

child’s bringing-up, the things he learned to know, are what we must

first of all learn. If the question in hand can fit into the notion the

child possesses, he will answer better and more if quite unendowed, than

if a very clever child who is foreign to the notions of the defined

situation. I should take intelligence only to be of next importance in

such cases, and advise giving up separating clever from stupid children

in favor of separating practical and unpractical children. The latter

makes an essential difference. Both the children of talent and stupid

children may be practical or unpractical. If a child is talented and

practical he will become a useful member of society who will be at home

everywhere and will be able to help himself under any circumstances. If

a child is talented and unpractical, it may grow up into a professor, as

is customarily expected of it. If a child is untalented and practical,

it will properly fill a definite place, and if it has luck and “pull”

may even attain high station in life. If it is untalented and

unpractical it becomes one of those poor creatures who never get

anywhere. For the rôle of witness the child’s practicality is the

important thing. The practical child will see, observe, properly

understand, and reproduce a group of things that the unpractical child

has not even observed. Of course, it is well, also, to have the child

talented, but I repeat: the least clever practical child is worth more

as witness than the most clever unpractical child.

What the term “practical” stands for is difficult to say, but everybody

knows it, and everybody has seen, who has cared about children at all,

that there are practical children.

Criminal Psychology: A Manual for Judges, Practitioners, and Students · 第 47 / 79 章