Still another phenomenon is fairly familiar to everyone, and only the courts have not yet discovered it. Hugo Münsterberg's Psychology and Law: A Historical and Contemporary Assessment American Psychology-Law Society Series: Amazon.es: Bornstein, Brian H., … [p. 161] We must not forget, moreover, that our knowledge of our own personality and its doing is also only a function of memory. The reports with reference to the second half of the performance, which was more strongly emotional, gave an average of fifteen per cent. It can and will remove to a high degree the intention to hide the truth, but it may be an open question to what degree it can increase the objective truthfulness. To point again to an apparently mysterious experience: the crystal gazer feels in his half hypnotic state a free play of inspired imagination, and yet in reality he experiences only a stirring up of the deeper layers of memory pictures. She went into a trance-like state in which many disconnected memories of her early life and of happy times rushed to her consciousness, each accompanied by emotion, and these long-forgotten emotions of happiness persisted. This crime itself, no matter [p. 142] who may be the criminal, was one of the frightful fruits of a sickly paltering with the stern administration of law. In short, we never know from the material itself whether we remember, perceive, or imagine, and in the borderland regions there must result plenty of confusion which cannot always remain without dangerous consequences in the court-room. Uniquely examines Münsterberg's thinking by adopting the layout of his seminal text, On the Witness Stand (1908) Assesses Münsterberg's legacy: what he got right, what he … But we can abstract here from the distortions which enter into the perception itself; we have discussed them before. Has the court sufficient means at hand to convince the jury that it must weigh all the evidence with a fair consideration of these not pathological, yet very influential, mental variations? IT is a sad story which I am going to report, a weird tragedy of yesterday. Hugo Münsterberg (1908/1925) UNTRUE CONFESSIONS. Yet if he slips into the service without being tested, his slight defect, which does not disturb him in practical life and which he may never have noticed if he was not just picking red strawberries among green leaves, may be sufficient to bring about the most disastrous wrecking of two trains or the most horrible collision of steamers. The Case of Hugo Munsterberg.” ... Münsterberg, Hugo. Prince's case or the reflecting eye-glass in that other case. The history of crime in Chicago has shown sufficiently that murder will not " out." The untrue confessions from hope or fear, through promises and threats, from cunning calculations and passive yielding thus shade off into others which are given with real conviction under the pressure of emotional excitement or under the spell of overpowering influences, Even the mere [p. 148] fatigue often brought to the Salem witches the loosening of the mental firmness and the intrusion of the suggestion of guilt. In short, there is no lack of social motives to make it conceivable from the start that an accused makes of his own accord a confession against himself which is not true. We may move for a long while still in the realm of the normal. How did all those mistakes occur? But when I hypnotised her, I understood what had happened. And we demand from our normal memory even that it follows somewhat our own imagination. It would be absurd to fancy that this last turn of his mind was a made-up story to escape punishment. Münsterberg, HugoWORKS BY MüNSTERBERG [1]SUPPLEMENTARY BIBLIOGRAPHY [2]Hugo Münsterberg (1863-1916) made his greatest contribution by applying psychology to practical situations in education, medicine, law, and business. They go on thinking that their legal instinct and their common sense supplies them with all that is needed and somewhat more” (p. 11). The church was empty and, as she communed with herself, her hopelessness deepened. Justice would less often miscarry if all who are to weigh evidence were more conscious of the treachery of human memory. The observation itself may be defective and illusory; wrong associations [p. 57] may make it imperfect; judgments may misinterpret the experience; and suggestive influences may falsify the data of the senses. But when I expressed thus my firm conviction, I had, nevertheless, the uncanny feeling that there was something obscure in the case. When he was 12, his mother passed away. . Months have passed since the neck of the young man was broken and "thousands of persons crowded Michigan Street, jamming that thoroughfare from Clark Street to Dearborn Avenue, waiting for the undertaker's wagon to leave the jail yard." Truly, as long as a demand for further psychological inquiry appeared to the masses simply as "another way of possibly cheating justice" and as a method tending "towards emasculating court procedure and discouraging and disgusting every faithful officer of the law," the newspapers were almost in duty bound to rush on in the tracks of popular prejudice. [sic] of the statements were absolutely false, in spite of the fact that they all came from scientifically trained observers. The order and harmony alone are disturbed; a single feature is grossly exaggerated or unduly inhibited, and by this abnormal increase or decrease of a regular trait the balance is lost and danger is ahead. The doors of the hospital are closed behind the patient. We know, above all, the inhibitory influences which result from excitements and emotions which may completely change the products of an otherwise faithful memory. Hugo Münsterberg (/ ˈ m ʊ n s t ər b ɜːr ɡ /; June 1, 1863 – December 16, 1916) was a German-American psychologist.He was one of the pioneers in applied psychology, extending his research and theories to industrial/organizational (I/O), legal, medical, clinical, educational and business settings. The fact is that experimental psychology has not only in general experienced a wonderful progress during the last decades, but has also given in recent years an unusual amount of attention to just those problems which are involved on the witness stand. The results of this case deemed some psychologists are qualified to be called upon as experts to give testimony on mental disorders (Jenkins v. United States, 2014). No one on the witness stand is to-day examined to ascertain in what directions his memory is probably trustworthy and reliable; he may be asked what he has seen, what he has heard, what he as spoken, how he has acted, and yet even a most superficial test might show that the mechanism of his memory would be excellent for one of these four groups of questions and utterly useless for the others, however solemnly he might keep his oath. The self-sacrificing desire to exculpate others has played its rôle occasionally also. It is, for instance, interesting to see how the neurasthenic states are slowly recognised by the courts in civil suits as real bodily disturbance, while a short time ago they were still considered as mere imaginations and illusory complaints. To recognise where the temperament ends and the irresponsible disturbance begins is made extremely difficult by the great breadth of the borderland region. It is suggested that two different contour-shifting effects operate in this illusion, and these are named the ‘symmetrical effect’ and the ‘corner effect’ respectively. He never sought the company of women. And now I return to the distressing case of Chicago. We found that there were, above all, two distinct classes. Everything seemed to point to the fact that the woman was murdered by an unknown person at another place, and that her body was dragged during the night by the copper wire coiled around her neck from another street to the barnyard. I think it does matter who may be the criminal -- whether the one whom they hanged or somebody else who is still to-day in freedom. York University, Toronto, Ontario. Everyone knows in daily life the type of the superficial, silly person whose attention is always shifting, and yet it is only an absurd exaggeration of such behaviour that characterises the alienation of the maniac. I suppose I must have made those statements, since they all say I [p. 170] did. No mental explanation is in order till the facts themselves are cleared up by methods for which the scholar is not prepared at all. There are others with whom every tune can easily resound in recollection and who can hardly read a letter of a friend without hearing his voice in every word, while they are utterly unable to awake an optical [p. 62] image. I have no right to excuse myself on the plea of a bad memory. An internet resource developed by Let your friends describe how they have before their minds yesterday's dinner table and the conversation around it, and there will no be two whose memory shows the same scheme and method. [p. 165] Suddenly he began to confess, and he was quite willing to repeat his confession again and again. Is it not more natural to suppose that every day errors creep [ p. 44] into the work of justice through wrong evidence which has the outer marks of truth and trust-worthiness? But the sounds of reckless untrue self-accusation are familiar there too to everyone who knows the scenes of misery in the ward of the melancholic patients. One week later the accused was hanged; yet, if scientific conviction has the right to stand frankly for the truth, I have to say again that he was hanged for a crime of which he was no more guilty than you or I, and the only difference which the last few months have brought about is the fact that, as I have been informed on good authority, the most sober-minded people of Chicago to-day share this sad opinion. No juryman would be expected to follow his general impressions in the question as to whether the blood on the murderer's shirt is human or animal. To prove, in answer to a direct question, that they had been there at night, I told that I had found drops of candle wax on the second floor. Today this book is used as a reference for many issues in forensic psychology. As a matter of course, when the physician speaks in the modern court-room the grave word Melancholia, the self-accusation cannot have any further consequences of a judicial character. If it can be presupposed that both sides intend to speak the truth he is ready to consider that the one side had, perhaps, a more frequent opportunity to watch the facts in question, the other side, perhaps, saw them more recently; the one saw them, perhaps, under especially impressive circumstances, the other, perhaps, with further knowledge of the whole situation, and so on. To be sure, there were the sharp inquisitory questions of the police officers, and yet from a rather extended experience I could not imagine that without a sudden external shock or some overwhelming fascination such a conversion and such a disintegration could set in. Of course, the experiment was made under most different conditions, with different pauses, different material, different length of the series, different influences, different distribution, different subjects, but after some years of work, facts showed themselves which can stand as facts. *FREE* shipping on qualifying offers. I wrestled with her and lost my senses. All this is a popular illusion against which modern psychology must seriously protest. Years ago his friend died; now arises the illusion that he has poisoned him. And only the other day I was consulted by a young woman who, up to her college days, had not discovered that other persons do not hear voices when they are alone; she had heard them since childhood days and had felt sure that it was everybody's experience. But besides the omissions there were only six among the forty which did not contain positively wrong statements; in twenty-four papers up to ten per cent, of the statements were free inventions, [p. 53] and in ten answers -- hat is, in one-fourth of the papers, -- more than ten per cent. *FREE* shipping on qualifying offers. An internet resource developed by The more the scientific analysis and explanation of mental life makes progress through the experimental and physiological, comparative and clinical methods, the more we learn how subtle the Internal connections are and how insufficient the popular psychology must [p. 139] be with which the facts of life are usually interpreted by detectives and attorneys, by juries and judges. She felt it as a spiritual "conversion" to health, and the complete change of her mental personality was indeed most surprising. This was one of the events that prompted Munsterberg to publish On the Witness Stand in 1908. That alone gave a hint that my house also had been entered; but from the first moment he insisted that there had been two in this burglary and that the other [p. 43] man had the remainder of the booty. I did not do it, and I knew that I did not; but I do not know what I said or did during that time in the station. Inasmuch as he expects to spend the next twelve years at a place of residence where he will have little chance to read my writings, I may confess frankly that I liked the man. Hugo Münsterberg (/ ˈ m ʊ n s t ər b ɜːr ɡ /; June 1, 1863 – December 16, 1916) was a German-American psychologist.He was one of the pioneers in applied psychology, extending his research and theories to industrial/organizational (I/O), legal, medical, clinical, educational and business settings. He said that these people's lives could be improved by counseling and medication in many cases. The prestidigitateurs, [sic] the fakirs, the spiritualists could not play their tricks if they could not rely on associations and suggestions, and it would not be so difficult to read proofs if we did not usually see the letters which we expect. and Crime), Hugo Münsterberg (1908) was highly critical of judges, attorneys, and jurors. Every lawyer knows the famous Boom case in Vermont, where the brothers confessed to having killed their brother-in-law and described the deed in full detail and how they destroyed the body; while long afterwards the "murdered" man returned alive to the village. He naïvely reported the whole truth, and with all the ear-marks of truth. Moreover, this stupid boy would be the last to be able to invent suddenly a long story which fits so exactly in every detail the clinical experiences of the nervous physician and the mental experiences of the psychologist. Six days later the punishment of death was executed. There is no less a transitional region for all the other mental activities. The judges ignore the fact that with the same accuracy their common-sense can be transformed into careful measurements the results of which may widely differ from haphazard opinion. There we find an abundance of cases reported which seem to prove that either prophetic fortune [p. 59] tellers or inspired dreams have anticipated the real future of a man's life with the subtlest details and with the most uncanny foresight. But just those dark chapters of New England history can show us an abundance of other forms of confession which lead us step for step from [p. 146] well-balanced calculation to complete alienation, through all the borderland regions of mental confusion and disintegration. As was to be expected, the judgment as to the time duration of the act varied between a few seconds and several minutes. She further stated that it was Goody Carrier that made her a witch. more [sic] mistakes than those of the first half. It seems desirable even that the writing of the protocol should still be done in a state of belief. Yet, who will decide when the limit is reached where we forget and supplement too much: nowhere is the borderland region broader and nowhere more important for the psychology of the court-room. Hugo Münsterberg's Psychology and Law: A Historical and Contemporary Assessment (American Psychology-Law Society Series) eBook: Bornstein, Brian H., Neuschatz, Jeffrey: Amazon.com.au: Kindle Store This experiment has been often repeated and the results make clear that this happens in a smaller and yet still surprising degree in the case of adults also. Perhaps we can add still another motive which might induce a man in full possession of his understanding [p. 145] to declare himself guilty against his better knowledge. Other sciences are less slow to learn. The family had a great love of the arts and Münsterberg was encouraged to explore music, literature, and art. Münsterberg’s interest in the credibility of eyewitness testimony arose from being called on as a scientific expert in two murder cases. It may be pure fatigue which may decrease our resistance against the creeping of deceptive illusions into our memory, Or it may be a simple emotional excitement; no doubt, the mere fact of being on the witness stand awakens in many minds, by its importance and solemnity, an excitement which is [p. 159] especially favourable for opening the memory to suggestions and to confused ideas which group themselves around some ideas with strong feeling tone. In 1908 he published On the Witness Stand, which was influential to the development of forensic psychology. This seems to me to hit the nail on the head exactly, and my only disagreement is with the clause "no matter who may be the criminal." The experimentalist cannot forget how abundant are the new facts of memory variations which have come out of experiments on attention and inhibition. An emotional shock or a captivating impression may stir up long-forgotten memory ideas or push imaginative thoughts into the centre and build around them split-off pieces of a dissociated mind into a new personality which can be, perhaps, hardly discriminated from the previous self, but in which important emotions and memories may be distorted. If we cannot remember our previous experience, and if, in addition to it, our own imagination deceives us by the delusion of pseudo-memories, we are of course completely lost in the social world, and the care of the asylum alone can protect us against utter destruction. The evidence against the suspected appeared so overwhelming that they saw only one hope to save their lives -- by turning the verdict, through their untrue confession, from murder to manslaughter. The last fire in the town was laid by him; he is guilty of the unpardonable sin. There are many points, for instance, in which the results seem still contradictory. I can remember no more than that about it. He would have been absolutely unable to fabricate by his own efforts such scientifically exact observations. MENU. Just this was the situation when I ventured last year to write a letter to a well-known nerve specialist in Chicago who had privately asked my opinion as a psychologist in the case of a man condemned to death for murder. Too often the human beast escaped justice: this time at last they had found the villain who confessed -- he at least was not to escape the gallows. This book is a collection of his previously published researches related to forensic psychology. It may be sufficient here to cite from it the following facts: On January 12, 1906, a young married woman was brutally outraged and murdered in Chicago. He had to go there to attend to his father's horse. The Professor steps between them and, as he grasps the man's arm, the revolver goes off. During the last eighteen years I have delivered about three thousand university lectures. He analyzed different psychological factors that are responsible for altering the outcomes of trials, in this book. He said that these people's lives could be improved by counseling and medication in many cases. The judge also was furious with Munsterberg for thinking that he had expertise in this case. But they have a worse memory than the boys as far as correctness is concerned; they unintentionally falsify more. He alternated between gay and morose moods. When I saw that they had treated me mildly, inasmuch as they had started in the wine cellar and had forgotten under its genial influence, on the whole, what they had come for, I had taken only a superficial survey. Even the self-accusations and the self-destructive despair of the melancholic find their counterpart in the realm of normal life; the pessimist is too often inclined to torture himself by opprobriums, to feel discouraged with himself, and to feel guilty without real guilt. An idea is there distinctly coupled with the feeling of remembrance and recognition, and yet it is only an-associated sensation, resulting from fatigue or excitement, and without the slightest objective basis in the past. On the Witness Stand: Essays on Psychology and Crime. Ausg. And finally, my whole story under oath referred to two burglars, without any doubt at the moment. He wrote, “The lawyer and the judge and the juryman are sure that they do not need the experimental psychologist. A series of ten such pairs may be exposed successively in a lighted field, each time one colour and one figure of two digits. The whole objective performance was cut up into fourteen little parts which referred partly to actions, partly to words. When I talk of dreams in my university courses of psychology, I speak of them just as a blind man might speak of colours. Where the alienist has to speak, that is, where pathological amnesia destroys the memory of the witness, or where hallucinations of disease, or fixed ideas deprive the witness's remembrance of their value, there the psychologist is not needed. And no subjective feeling of certainty can be an objective criterion for the desired truth. They have taken, for instance, whole epic texts and examined those lines as to which it was doubtful whether they belonged originally to the poem or were later interpolations. Essays on Psychology and Crime Hugo Münsterberg (1908/1925) Foreword (by Charles S. Whitman) ... even the size of the courtroom in some cases. Persons who perhaps doubt in the reality of the enter world may be found in the asylums and on the philosophic platform; whether the doubting mind is a patient or a philosopher shows itself quickly in the consequences: the philosopher includes that doubt within an harmonious life plan, the patient's life is destroyed by his insane doubt. The Court would rather listen for whole days to the "science" of the handwriting experts than allow a witness to be examined with regard to his memory and his power of perception, his attention and his associations, his volition and his suggestibility, with methods which are in accord with the exact work of experimental psychology. Practical life would be satisfied with the broad statement that the witness was excited, or anxious and timid, or felt himself important, or was eager to prove his view. A colleague once wanted me to hypnotise him because he had just, in his fortieth year, discovered that he had no power of optical remembering; he hoped to get it through hypnosis, and yet he had never missed it until he read of it in a psychological book. The case is rare with men, but with women extremely [p. 58] frequent, and there are few women who do not know the state. The psychologist, of course, has to reduce the complex facts to simple principles and elements. In addition to this, a red suit, a brown one, a striped one, a coffee-coloured jacket, shirt sleeves, and similar costumes were invented for him. The courts show in all other fields that the progress of science breaks new paths [p. 154] for them. My letter somehow reached the papers and I became the target for editorial sharp-shooters everywhere. The efforts of the attorneys to change the condemned man's fate by a motion for a supersedeas before the Supreme Court were unsuccessful. 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