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.

[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.

["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.

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 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.

[Hans Kurella's 'Naturgeschichte des Verbrechers' [Natural history of the criminal], 1893, as an apology of Cesare Lombroso's doctrine of 'Uomo delinquente']. / Hans Kurellas 'Naturgeschichte des Verbrechers' (1893) als Apologie der Lehre Cesare Lombrosos vom 'Uomo delinquente'.

At the end of the 19th century Cesare Lombroso and his theory of the 'delinquente nato' had great influence on a lot of scientists in the German speaking world. One of the psychiatrists who published several books and articles about Lombroso's theory was Hans Kurella. In his 'Naturgeschichte des Verbrechers' (1893) he elaborates the thesis of the 'delinquente nato' agreeing with its central point that the criminal.

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.

The practice of forensic psychology. A look toward the future in light of the past.

In a 1987 American Psychologist article, Tom Grisso summarized the state of forensic psychological assessment, noted its limitations and potential, and offered suggestions for researchers and practitioners interested in contributing to its future. Since that time, there have been many important developments in the field of forensic psychology, as well as in clinical psychology more generally, some of which were anticipated and recommended by Grisso, and some of which were not. Forensic psychology is now at a crossroads, and the specialty must make an effort to respond to current challenges if it is to aid in the administration of justice by assisting legal decision makers. The need to distinguish between and identify levels of forensic knowledge and practice, establish guidelines for practice, educate legal consumers, and devote more attention to treatment issues in forensic contexts is highlighted.

Genocide in Bosnia: the case of Dr. Radovan Karadzic.

From 1992 to 1995 the Republic of Bosnia-Herzegovina experienced a war of genocidal proportions between the Bosnian Serbs, the Bosnian Croats, and the Bosnian Muslims. The international Criminal Tribunal for the Former Yugoslavia has indicted Dr. Radovan Karadzic--former President of the Bosnian Serb Republic, psychiatrist, and poet--as a suspected war criminal for his role in war crimes, crimes against humanity, and genocide. Karadzic remains enigmatic and poorly understood. Psychological profiling highlights in Karadzic's case the complex coalescence of the psychology of a genocide perpetrator with that of a charismatic narcissistic political leader. Such a profile may possess usefulness in forensic psychiatric investigations and legal proceedings.

Eugen Bleuler and forensic psychiatry.

The list of Eugen Bleuler's writings shows that he grappled with forensic issues quite early, even before he became a full professor in 1898. Bleuler regularly prepared forensic criminal expert's reports himself until emeritus status was conferred on him in 1927. Analysis of his writings indicates that his position remained explicitly deterministic. In Bleuler's later work, that position was integrated into the natural philosophy vitalistic theory of mnemism, itself part of a more comprehensive theory, without any corrections to its content. Eugen Bleuler always remained a critic of criminal law, although it can be seen from later expert's reports that he for the most part accepted the existing system for the administration of justice for practical reasons. However, Bleuler always defended the idea that punishment should not be based on the moral guilt of the perpetrator but rather on the prospect of curing him.

[The Kreutzer Sonata or homicidal jealousy according to Tolstoy]. / La Sonate à Kreutzer ou la jalousie homicide selon Tolstoï.

In the first movement (the presto) of Beethoven's Kreutzer Sonata there are two strongly opposing themes (positive masculine and negative feminine). Inspired by this confrontation, in his novel "The Kreutzer Sonata", Tolstoï describes the marital conflict that drives the jealous husband, Pozdnychev, to kill his wife whom he believes to be unfaithful. The murderer thinks that his wife, a pianist, is betraying him with a violinist when he discovers them in his home at night. The present paper is a criminological study of this murder brought about by passion. In this novel Tolstoï paints a very realistic picture of the criminal workings of Pozdnychev's mind, the tragic tale of this jealousy is perfectly consistent with the judicial understanding of crimes of passion.

[History of psychiatry: Cesare Lombroso and the born criminal]. / Geschichte der Psychiatrie: Cesare Lombroso und der geborene Verbrecher.

In the first part of this paper there is a short abstract of the biography of the famous professor of psychiatry from Torino. The second part consists of a summary of the most fundamental ideas and the most important results of his extensive research, setting the base of his widest-known work, 'l'uomo delinquente'. At last, a number of contemporary and recent comments concerning his theories are quoted, and some criminologically relevant findings of modern genetics are mentioned.

The criminal sexual psychopath in Canada: sex, psychiatry and the law at mid-century.

In 1948, Canadian parliamentarians unanimously voted in favour of adopting criminal sexual psychopath legislation. An American invention that combined the force of the law with the curative abilities of psychiatry, sexual psychopath laws were the product of faith in science, and especially "mental health," to solve social problems, combined with growing public anxiety about violent sexual assault, particularly against children. This mid-century medio-legal experiment has been well documented by American historians. Here, the Canadian response to the problem of "sexual deviancy" is examined, with particular reference to the Committee on the Sex Offender whose findings are representative of the range of "expert" opinion on this issue. Though the law itself was widely regarded as a failure, psychiatrists and other experts successfully claimed medical authority over certain types of sex offences, and popularized medical interpretations of sexual behaviour, including the pathologization of homosexuality.

[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".

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.

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.

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.

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.