Rebury the "Atavistic Skull" Studied by Lombroso?

On May 16, 2017, the judgment of the Italian court ended the legal battle concerning the repatriation request of the famous skull, belonging to the "brigand" Giuseppe Villella. During the autopsy examination on the corpse of Villella, Lombroso observed a median occipital dimple on the skull, a feature visible in other mammals, including primates, but absent in humans. This feature could demonstrate an anomalous dimension of the median lobe of Villella's cerebellum. From this anatomical finding, Lombroso consolidated the atavism theory, which established a close connection between morphological features and behavior.The Lombroso Museum and the University of Turin reiterated the legitimacy of the possession of the skull as cultural property in accordance with the Code of Cultural Heritage and as a find of forensic psychopathology. Finally, the court rejected the request from Villella's hometown, highlighting that the scientific theory is unquestionably invalid, but his existence cannot be denied.The "special" nature of human remains emerges from the special way in which the Code of Ethics of the International Council of Museums treats them, which also implies respect to the other material of the museum collections.

The trial of the skull studied by the founder of Criminal Anthropology: The war of the Lombroso Museum.

More than a century after the death of Cesare Lombroso, who still today is considered the founder of Criminal Anthropology, the debate on the atavisms theory seems far from over. The theories of Lombroso that, in the middle of the nineteenth century, have affected the course of investigations and criminal trials have once again been used to achieve success in the courtroom with the recent decision issued by the Italian Court on 16th May 2017. At the center of the judicial dispute is the legitimacy of detention of the skull of Giuseppe Villella exhibited at the "Cesare Lombroso" Museum of Criminal Anthropology in Turin. The ethical implications already involved in the materialist determinism of the Lombrosian thesis re-emerged today and intertwined with a plurality of historical, ideological, cultural, scientific and social issues that invest the relationship with our own history and with our cultural identity. The authors analyze the main ethical issues on the museum detention and on the treatment of human remains, pointing out the possible ways of reconciliation and mediation of the disputes on this matter.

[Anarchists, Assassins and Revolutionaries. The Psychopathologization of "Political Criminals" between 1880 and 1920]. / Anarchisten, Attentäter und Revolutionäre. Zur Psychopathologisierung "politischer Verbrecher" zwischen 1880 und 1920.

"Political criminals" of the early 20th century were adjudged to be psychopaths, a term which was generally accompanied by a negative moral judgement. However, other more positive appraisals were also made at this time. These contradictory moral judgements by psychiatrists expose the need for an examination of the historical development of concepts, traditions and moral debates associated with political criminals (anarchists, assassins, revolutionaries). This will be undertaken in the context of psychiatry/ criminology, security (and surveillance) policy as well as culture and the arts in German-speaking countries from 1880 to the early 1920s.

You can't do that! Hugo Münsterberg and misapplied psychology.

This article examines a false start in the application of psychology to the law. While there had been expert testimony from physicians in criminal and civil cases in America since the nineteenth century, forensic psychology first emerged in the early twentieth century. Following European traditions of experimental psychology, Hugo Münsterberg applied the nascent science of memory research to the assessment of witness credibility. A brilliant and popular Harvard professor, Münsterberg touted his technique of word-association to determine truth. Forensic psychology's development was stalled by resistance from within legal authorities, including John Henry Wigmore, the leading expert on evidence. However, Münsterberg was a sensation in popular media. In this article, the authors examine early attempts to import experimental psychology into the courtroom and the arguments against them. Not only were Münsterberg's findings premature, they touched on a forbidden domain for witnesses: fact finding. While sincere, he learned that the determination of truth lay within the province of juries and judges, not psychologists. Thus, the application of psychology to the law was delayed. The authors review the lessons from Münsterberg's false start and comment on developments in the admissibility of scientific testimony.

An archival exploration of 19th-century American adult female offender parricides.

Social and behavioral scientists have increasingly attended to the contexts and motivational dynamics underlying parricidal events. These efforts notwithstanding, most research has focused on adolescent or adult male offender populations. One largely neglected area of study is that of adult female offender parricide. The present study utilizes archival records to examine the contexts and sources of conflict that gave rise to adult female offender parricides in the late 19th century. Three general themes emerged, representing the primary contexts behind adult female offender parricide: (1) abuse and neglect; (2) instrumental, financially-motivated killings; and (3) expressive killings, often during the course of arguments. Each of these contexts is explored.

La psicología criminal en la policía de Franco / Criminal psychology in Franco’s police

Antecedentes: Francisco J. de Echalecu (1897-1957) fue un psiquiatra español que ocupó los cargos de profesor de Psicología en la Escuela General de Policía y neuropsiquiatra de la Dirección General de Seguridad. Método: en este trabajo se presenta una breve biografía del Dr. Echalecu y se analiza la transcripción de sus clases de Psicologia Criminal de 1942, su Psicología Criminal de 1947, así como su intervención en el caso de las torturas al líder comunista Heriberto Quiñones. Resultados: se presenta su proyecto de una Psicología criminal totalitaria y su propuesta de intervención social, en base tanto a métodos eugenésicos como de reclusión obligatoria de los clasificados como asociales. Se describe la adaptación en España del proyecto psicológico totalitario a la nueva realidad internacional creada tras la segunda Guerra Mundial. Conclusiones: en España se preparaba una «solución final» para la delincuencia y la disidencia política, inspirada en la política criminal nazi y promovida por el Dr. Echalecu desde la máxima instancia policial de España, la DGS. El proyecto se frustró por la derrota alemana en la Guerra Mundial, y del proyecto original solo quedó la aplicación arbitraria a los individuos considerados asociales de la Ley de Vagos y Maleantes (AU)

Francisco J. de Echalecu (1897-1957) was a Spanish psychiatrist who held important positions, such as Psychology Professor at the Academia General de Policía and Neuropsychiatrist at the Dirección General de Seguridad. Method: This work provides a brief biography of Echalecu and analyzes the transcriptions of his classes on Criminal Psychology of 1942, his Criminal Psychology from 1947 as well as his involvement in the case of the torture of Communist leader Heriberto Quiñones. Results: We describe his project of a totalitarian Psychology and his proposal of social intervention, including eugenic methodologies as well as forced reclusion for those labeled as asocial. The adaptation in Spain of the totalitarian psychological project to the new international reality after the Second World War is also described. Conclusions: In Spain a «final solution» for criminals and political dissidents has been prepared, which was inspired by the Nazi criminal policies and promoted by Dr. Echalecu from Spain’s higher police body, the DGS. This project was frustrated by the German defeat in the world war and the only thing left from the original project was the arbitrary application of the Ley de Vagos y Maleantes [an antivagrancy law] to those individuals labeled as «asocial» (AU)

[Criminal psychology in Franco's police]. / La psicología criminal en la policía de Franco.

BACKGROUND: Francisco J. de Echalecu (1897-1957) was a Spanish psychiatrist who held important positions, such as Psychology Professor at the Academia General de Policía and Neuropsychiatrist at the Dirección General de Seguridad. METHOD: This work provides a brief biography of Echalecu and analyzes the transcriptions of his classes on Criminal Psychology of 1942, his Criminal Psychology from 1947 as well as his involvement in the case of the torture of Communist leader Heriberto Quiñones. RESULTS: We describe his project of a totalitarian Psychology and his proposal of social intervention, including eugenic methodologies as well as forced reclusion for those labeled as asocial. The adaptation in Spain of the totalitarian psychological project to the new international reality after the Second World War is also described. CONCLUSIONS: In Spain a "final solution" for criminals and political dissidents has been prepared, which was inspired by the Nazi criminal policies and promoted by Dr. Echalecu from Spain's higher police body, the DGS. This project was frustrated by the German defeat in the world war and the only thing left from the original project was the arbitrary application of the Ley de Vagos y Maleantes [an antivagrancy law] to those individuals labeled as "asocial".

Classics in psychiatry and the law: Francis Wharton on involuntary confessions.

Philadelphia attorney Francis Wharton was a key intellectual figure in linking the sciences of medicine and law. In 1860, he published a monograph on involuntary confessions, which represented the closing chapter of Wharton and Stillé's Treatise on Medical Jurisprudence. He had already published A Monograph on Mental Unsoundness in 1855, the first book of the Treatise in its first edition. Wharton was convinced that many criminals had an inner compulsion to confess or to be caught, explained as divine jurisprudence. His remarks on confessions include a typology spanning psychodynamics to police tactics, using contemporaneous, historical, and literary examples. This remarkable document provides insight into the dynamics of unintended and involuntary confessions and is compatible, in part, with current scholarship. The author contrasts Wharton's schema with those of his English predecessor Jeremy Bentham, the psychoanalyst Theodore Reik, and others, and concludes that it represents an important transition toward a psychological approach to the criminology of confessions.

Cesare Lombroso: Methodological ambiguities and brilliant intuitions.

This paper on Cesare Lombroso aims to assess his contribution to the criminological sciences. Although much praised worldwide, Lombroso was also the target of scathing criticism and unmitigated condemnation. Examination of Lombroso's method of data collection and analysis reveals his weakness. Indeed, his approach was extremely naive, simplistic and uncritical, aimed at irrefutably demonstrating the hypotheses that he championed, without exercising the methodological caution that was already beginning to characterize scientific research in his day. However, we must acknowledge that his biological theories of crime are undergoing new developments as a result of the recent success of biological psychiatry. On the other hand we should recognize that his work was not limited to his biological central theory; rather, it covered a range of cues and concepts, for the most part ignored, that demonstrate his interest in the economic, cultural and social factors that impact on crime. For these reasons, Lombroso appears to have anticipated many modern conceptions regarding delinquent behavior and criminal justice, such as those of restorative justice, the so-called "situational" theories of criminal behavior and white collar crime.

In quest of constitutional principles of "neurolaw".

The growing use of brain imaging technology and the developing of cognitive neuroscience pose unaccustomed challenges to legal systems. Until now, the fields of Law much affected are the civil and criminal law and procedure, but the constitutional dimension of "neurolaw" cannot be easily underestimated. As the capacity to investigate and to trace brain mechanisms and functional neural activities increases, it becomes urgent the recognition and definition of the unalienable rights and fundamental values in respect of this new techno-scientific power, that must be protected and safeguard at "constitutional level" of norms such as: human dignity, personal identity, authenticity and the pursuit of individual "happiness". As the same as for the law regulating research and experimentation on human genome adopted in the past years, one may also argue if the above mentioned fundamental principles of "neurolaw" must be fixed and disciplined also at European and International level.

[Traces of blood. The significance of blood in criminology at the turn of the 19th century]. / Blutspuren. Zur Bedeutung des Blutes in der Kriminalwissenschaft um 1900.

In late 19th and early 20th century, criminology became institutionalized as an independent branch of science. Methodologically it focused on the 'exact' methods of the natural sciences, but also it tried to integrate the methods of the humanities. This mix of methods becomes visible in the treatment of blood, which on the one hand was an object of then brand new methods of scientific analysis (identification of human blood by the biological or precipitin method), and on the other hand was analyzed as a product of the magic and superstitious mentalities of criminals. The methodical tension resulting from this epistemological crossbreeding did not disturb the criminologists, for whom the reconciliation of opposite ways of thinking and researching seemed to be possible. In this encyclopaedic analysis of blood early criminology tried to combine the anthropological exploration of vampirism with the chemical and microscopic detection of antibodies and haemoglobin, thus mirroring the positivistic optimism that was then prevalent.

The company man: a case of white-collar crime.

Insider trading scandals on Wall Street have focused public attention on the abuse of money and power in the service of greed. The analytic situation described in this paper involves a patient who was involved in a major white-collar crime in the 1990s and imprisoned on charges of fraud. Release from prison brought his anxieties about money, work, and masculinity into sharp focus. The paper explores the some of the emotional conflicts and confusion around corporate success and failure, and the particular issues that arise when people identify themselves with the company they work for, something that corporate culture has always encouraged.

["Homesickness and crime"--a contribution of Karl Jaspers to criminal psychology]. / "Heimweh und Verbrechen"--ein Beitrag von Karl Jaspers zur Kriminalpsychologie.

Even a century after its first publication in "Archives of Criminology" (in German: Archiv für Kriminologie), the doctoral thesis of Karl Jaspers (1883-1969), which was newly edited in 1996, continues to be of interest. Although the crimes described by Jaspers, which took place in a rural area, do no longer occur in this form just as the rural culture itself has disappeared, this paper nevertheless contains reflections that may also be relevant for the interpretation of modern potentials of conflict and violence and crimes rooted therein. The former homesickness has developed into novel phenomena of uprooting. In both cases, problems of maladjustment are a contributing factor to crime motivation. Thus despite all terminological and methodological change, Jaspers' thesis is an example for the continuing relevance of certain subjects in criminological discourse.

The legacy of 'normalisation': the role of classical and contemporary criminological theory in understanding young people's drug use.

Since it began in the mid-1990s, the debate surrounding the normalisation of adolescent recreational drug use has attracted considerable attention and has tended to polarise opinion within the field. In this article two of the main protagonists in the debate come together to discuss its legacy. Focusing on the twin themes of continuity and change the authors begin by considering the relevance of early developments in the sociology of drug use, noting that this earlier work anticipated much that has recently been written on the subject, including the emphasis on hedonism and consumption in leisure lifestyles. From here they go on to critically reflect on the role that structure and agency have played in the normalisation debate, suggesting that the original thesis underplayed the role of structural influences in favour of a rational action model of adolescent drug use. In their more recent work, both authors have come to emphasise how drug use is shaped by an interplay between social structure and human agency. While some areas of disagreement remain, they agree that normalisation is best understood as a contingent process negotiated by distinct social groups operating in bounded situations.

Neuroscience and crime.

Jurisprudence will profit considerably from methods and applications of the neurosciences. In fact, it is proposed that the neurosciences will provide unique possibilities and advantages in understanding motivations and causes for staying lawful or for becoming unlawful. Neuroscientific models on brain-behavior interactions have profited considerably from the advent of neuroimaging techniques and genetic analyses. Furthermore, advances in interdisciplinary investigations, which combine conventional psychological and sociological explorations with biological examinations, provide refined insights into the question 'What makes us tick?' (Weiskrantz, 1973, British Journal of Psychology, 64, 511-520). The search for such interactions from the time of the nineteenth century to the present is briefly surveyed and it is concluded that the interdisciplinary approaches within and across neuroscientific fields will lead and have already led to a considerable expansion of our knowledge. The articles in this issue devoted to highlighting the latest neuroscience research related to criminal behavior underline the power of this new approach.

[The mind on the stage of justice: the formation of criminal psychology in the 19th century and its interdisciplinary research]. / Die Seele auf der Bühne der Justiz. Die Entstehung der Kriminalpsychologie im 19. Jahrhundert und ihre interdisziplinäre Erforschung.

Criminal psychology emerges at the end of the 18th century as a new academic discipline in lectures and publications. It has recently been investigated by a considerable number of contributions from researchers of different academic backgrounds. In many respects criminal psychology can be seen as a predecessor of criminology. Its subject is the analysis of the origins of crime and its causes and determinants in the human mind. Criminal psychology embraced at that time philosophical, medical, legal and biological aspects. The latter increase in importance in the second half of the 19th century. The conditions of individual responsibility were generally codified in penal law, but had to be individually investigated in crucial cases through expertise in court. There a conflict emerged between medical experts and judges about their ability and competence to decide. At the end of the 19th century criminal psychology is used to fulfil the needs and interests of a criminal law which understands itself as increasingly utilitarian. Force and new instruments of treatment of offenders were legitimized by scientists who were very optimistic about their own epistemological abilities.