Section 111. (b) Intoxication.

Apart from the pathological conditions of intoxication, especially the

great intolerance toward alcohol,[349] which are the proper subjects for

the physician, there is a large group of the stigmata of intoxication

which are so various that they require a more accurate study than usual

of their causes and effects. As a rule, people are satisfied to

determine the degree of intoxication by the answers to a few stereotyped

questions: Did the man wabble while walking? Was he able to run? Could

he talk coherently? Did he know his name? Did he recognize you? Did he

show great strength? An affirmative answer to these questions from two

witnesses has been enough to convict a man.[350]

As a rule, this conviction is justified, and it is proper to say that if

a person is still sufficiently in control of himself to do all these

things he must be considered capable of understanding the difference

between right and wrong. But this is not always the case. I do not say

that irrationality through drink must always obtain when the drunkard is

unable to remember what happened while he was drunk. His inability is

not determinative, because the circumstances following a deed have no

reflex effect. Even if after the deed a person is ignorant of what he

has done it is still possible that he was aware of its nature while

committing it, and this possibility is the determinative factor. But the

knowledge of what is being done does not in itself make the doer

responsible, for if the drunkard beats the policeman he knows that he is

fighting somebody; he could not do so without knowing it, and what

excuses him is the fact that while he was drunk, he was not aware that

he was fighting a policeman, that so far as he is capable of judgment at

all, he judges himself to be opposed to some illegal enemy, against whom

he must defend himself.

If it be said in opposition that a drunkard is not responsible if he

does, when drunk, what he would not do when sober, this again would be

an exaggeration. Why, is shown by the many insults, the many revelations

of secrets, the many new friendships of slight intoxication. These would

not have occurred if the drunkard had been sober, and yet nobody would

say that they had occurred during a state of irresponsibility.

Hence, we can say only that intoxication excuses when an action either

follows directly and solely as the reflex expression of an impulse, or

when the drunkard is so confused about the nature of his object that he

thinks himself justified in his conduct. Hence, the legal expressions

(e.g., “complete drunkenness” of Austrian criminal law, and

“unconsciousness” of the German imperial criminal statute book) will in

practice be pushed one degree higher up than ordinary usage intends. For

complete intoxication or drunkenness into loss of consciousness usually

means that condition in which the individual lies stiff on the ground.

But in this condition he can not do anything, and is incapable of

committing a crime. It must follow that the statutes could not have been

thinking of this, but of the condition in which the individual is still

active and able to commit crimes by the use of his limbs, but absolutely

without the control of those limbs.

If we compare innumerable stories that are told, with verbal

reliability, about drunkards, or those that are readable in daily

papers, police news, and in legal texts, we find groups in which a

drunkard makes his bed on a wintry night on a snow bank, undresses

himself, carefully folds his clothes beside him, and runs away at the

approach of a policeman, climbs over a fence and runs so fast that he

can not be caught. Such a man certainly has not only the use of his

organs, but also uses them with comparative correctness in undressing,

folding his clothes, and in running away. If now somebody should pass

the drunkard’s lair and if he should think that a burglar is in his

house and should wound the passer-by, who would believe the drunkard

when he tells this story?

In the street there is frequent opportunity of observing some of the

arrests of drunkards who fight with fists and feet and teeth, and often

have to be taken to the police station in a wheel-barrow. Now if the man

has had the misfortune of recognizing the policeman in his first

opposition, and of giving his own name properly, we say that he has

“shown definite signs of responsibility,” and we sentence him. But in

most cases it was merely the instantaneous illumination of his cindery

mind (which was, perhaps, stimulated to the recognition of the policeman

and the pronunciation of his name by the latter’s rather bearish

remarks) which then dies away as swiftly as it rose, and is followed by

instinctive self-defense. Anybody who has frequently observed how

utterly senseless is the battle of a drunkard with the overwhelming

power of three or four or more people, and how he continues to struggle,

even when wholly or completely conquered, must feel convinced that such

a man is no longer responsible.

In the same way we must never forget that the prosecution of some very

habitual activity is in no sense evidence of responsibility. Especially

when some action has very fine-drawn limits, and the actor knows that a

false grip will result in questionable consequences, the habitual

movement will be made instinctively. The soldier will properly carry out

his obligations of service, the coachman drive home, unharness, and look

after the horses, even the locomotive engineer will complete his

difficult task without a break--then, however, they fall and sleep their

drunkenness off. Now, if something intervenes unexpectedly during the

performance of this habitual activity, especially some opposition, some

superfluous cajolement, correction, or similar thing, the intoxicated

actor is thrown completely out of gear, and can not be restored to it,

nor is he able properly to oppose this obstacle. Hence he acts against

it reflexly, and in most cases explosively.

It may be perceived that such a drunkard works unconsciously; having

been thrown out of gear by some sudden remark, he is unable to complete

what he is trying to do, and this develops a despairing expression of

emotion for which he is decidedly not responsible. A countless number of

popular maxims indicate the popular opinion that it is best to get out

of the way of a drunkard, never to help him, because he can best look

after himself. The public seems to know this very well, theoretically,

but in practice no wife applies this theory when her drunken husband

comes home; in practice the policeman looks after the drunkard, in

practice the peasant and the master quarrel with the drunken servant and

the apprentice,--and then everybody wonders when suddenly superiors are

hurt, maimed, and otherwise opposed.

The best evidence for the certain but very definite routine in which the

drunkard moves, is the example cited by Combe[351] concerning the porter

who, while drunk, had wrongly delivered a packet. Later on he could not

think where he had brought it, but as by chance he got drunk again, he

fetched the packet, and brought it to its proper destination. This

process indicates that the “in vino veritas” depends not merely on

speech, but on action, and that this coming to the surface of what is

really thought is the reason for so many insults offered during

intoxication. Such phenomena are best studied at the beginning of

narcosis, in which all the conditions of intoxication come together in a

much briefer period of time, and hence appear much more clearly. How

involuntarily the inmost thought breaks through under such

circumstances, is shown by an occurrence in a surgical clinic. An old

peasant was to have been subjected to a not dangerous but rare

operation. The famous surgeon of the University had one student after

another make a diagnosis, and asked one student after another what kind

of an operation he would perform. The peasant misunderstood it

altogether, and as he was half stupefied he cried out involuntarily:

“The old donkey is asking one loafer after another what to do. Nobody

knows anything, and yet they are going to operate on me.” Things that

are thought are expressed just as involuntarily during intoxication, and

thus the insults, etc., are accomplished.

What is never believed, but yet may be true, is the defence of a

prisoner that intoxication led him to steal. I know of a talented,

kindly, and thoroughly honorable young man, who during slight

intoxication steals everything he can lay his hands on. His drunkenness

is so light that he can remove with complete skill his comrades’

cigarette cases, pocket handkerchiefs, and worst of all, their

latchkeys. At the same time, he is still drunk enough to have great

difficulty in remembering, the next day, who the owners of these things

are. Now suppose a thief told such a story in court!

I cite from the excellent account of Hoffbauer,[352] the development of

intoxication: “At first the consumption of liquor intensifies the

feeling of physical health, or increases that health. It appears to have

a proportionately similar effect upon the powers of the mind. Ideas move

easily, expression is smoother and more adequate. The condition and

emotional attitude are such that one might very well always wish for

one’s self and one’s friends. Until this point no intoxication is

visible. The flow of ideas only increases and becomes more intense.

Excellent, appropriate notions occur to one, but there is effort to

restrain the irregular flow of thought. This state is visible in the

effort which must be used to carry on any rather involved story. The

ideas flow too rapidly to be easily ordered according to the

requirements of the story. At this point the beginning of intoxication

is already perceptible. In its development the flow of ideas becomes

continually stronger, the senses lose their ordinary sharpness, and as

these fail the imagination grows stronger. The drinker’s language is

now, at least in particular expressions and turns of speech, more

voluminous and poetical, and rather louder than is natural. The former

indicates an intensification of imaginative power, and the latter a

dulling of the senses which becomes more and more obvious in the

development of the intoxication. For the drinker speaks louder because

he hears his words less clearly than before, and judges the hearing of

his auditors by his own, although the vividness and the more rapid flow

of ideas induced by intoxication have a share in this. Soon the dulling

of the senses becomes still more obvious. For example, it is seen that a

person who is so drunk that he confuses otherwise well-known companions,

even if only for a minute, thinks he puts his glass softly on the

table, although it falls to the ground. And then there are still other

forms of physical helplessness to be perceived. From his speech it may

be judged that the connection between his ideas has significantly

decreased: although still very vivid, they are now like luminous sparks

that appear and disappear. This vividness of ideas, or their rapid flow,

gives the inebriate’s desires an unmanageable intensity which reason can

no longer control. He follows them instantaneously if some accident does

not turn him aside. His physical helplessness becomes now obvious in

stammering, in a wabbly gait, etc., until finally he falls into a deep

sleep in which physical and intellectual repair begin.

“If the conditions of intoxication were to be divided into periods, we

should have the following: In the first period of intoxication ideas

have only an extraordinary degree of vividness. The rule of the

understanding over actions is not altogether suppressed, so that the

drunken fellow is fully conscious of his external relations and is aware

of what is going on within and about him. But the rapid flow of ideas

hinders careful reflection and leads to an intensified excitability,

particularly to those emotional expressions which are characterized by

the more rapid flow. This is due to the familiar psychological law

according to which one emotional condition leads into another as it is

more like that other in tone. Anger and merriment, hence, show

themselves more and more among uneducated people who are not habituated

to the limitation of their emotional expression by reference to the

forms of the world of fashion. Without this control, every stimulation

intensifies the emotion, since every natural expression adds to its

vividness. The irritability taken in itself is at this stage less

dominant, inasmuch as the drinker is at the same time satisfied with

himself, and the self-satisfaction makes the irritability endurable.

Only some accidental circumstance can intensify and spread this

irritability. Such circumstances intensify the drunkard’s liveliness and

lead to the outbreak of merriment approximating upon hilarity, then to a

verbal quarrel, which need not yet be a real quarrel and may be

conducted in all friendship. It seems that in most cases the

irritability is excited through the fact that the drunkard’s

self-satisfaction speedily lapses, or that he is disturbed in doing

things about which he is conceited. Now so long as the intoxication does

not exceed this stage, its effects and the outbreaks of its passions may

be suppressed. The drinker is here still self-possessed and is not

likely to lose control of himself unless he is progressively excited

thereto.

“In the next period of intoxication, the drunkard still has his senses,

although, all in all, they are considerably weaker than usual, and he is

somewhat beside himself. Memory and understanding have quite left him.

Hence, he acts as if the present moment were the only one, the idea of

the consequences of his actions having no effect upon him because he no

longer sees the connection between the two. And since his whole past has

disappeared from his mind he can not consider his more remote

circumstances. He acts, therefore, as he might if the memories of his

circumstances and ideas of the consequences of his actions did not

control his conduct, and lead him to rule himself. The slightest

excitation may awaken all his strongest passion which then carry him

away. Again, the slightest excuse may turn him from what he has in mind.

In this condition he is much more dangerous to himself and others

because he is impelled not only by the irresistible force of his

passions, but because, also, he rarely knows what he is doing and must

be considered a pure fool.

“In the last period, the drunkard has so lost his senses that he has no

more idea of his external environment.”

With regard to particular conditions, it may be held that the quantity

of drink is indifferent. Apart from the fact that we know nothing about

the quantity of alcohol a man has taken when we hear merely about so and

so many liters of wine or so and so much brandy, the influence of

quantities is individual, and no general rule whatever can be laid down.

As a matter of fact, there are young and powerful men who may become

quite foolish on half a glass of wine, especially when they are angry,

frightened, or otherwise excited, and there are weak old people who can

carry unbelievable quantities. In short, the question of quantity is

altogether foolish. The appearance and constitution of an individual

offers as little ground for inference as quantity. The knowledge of a

man’s regular attitude toward the consumption of alcohol is a safer

guide. Hellenbach asserts that wine has always the same influence on the

same individual; one always becomes more loquacious, another more

silent, a third more sad, a fourth merrier. And up to a certain limit

this is true, but there is always the question of what the limit is,

inasmuch as many individuals pass through different emotional conditions

at different stages. It often happens that a person in the first stage

who wants to “embrace the world and kiss everybody,” may change his mood

and become dangerous. Thus, anybody who has seen him several times in

the first stage may make the mistake of believing that he can not pass

it. In this direction explanations must be made very carefully if they

are not to be false and deceptive.

It is important, also, to know how a man drinks. It is known that a

small quantity of wine can intoxicate if it is soaked up with bread

which is repeatedly dipped into the wine. Wine drunk in the cellar works

with similar vigor if one laughs, is merry, is vexed, while drinking, or

if a large variety of drinks is taken, or if they are taken on an empty

stomach. For the various effects of alcohol, and for its effects on the

same person under different conditions, see Münsterberg’s “Beitrage zur

Experimentellen Psychologie,” Heft IV.

The effect of alcohol on memory is remarkable in so far as it often

happens that many people lose their memory only with respect to a single

very narrow sphere. Many are able to remember everything except their

names, others everything except their residence, still others everything

except the fact that they are married, and yet others every person

except their friends (though they know all the policemen), and the last

class are mistaken about their own identity. These things are believed

like many another thing, when told by a friend, but never under any

circumstances when the defendant tells them in the court room.

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