TRUE CRIME STORIES Scientific Methods of Criminal ......Ottolenghi's 1905 paper on a 'biographical...

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BRIT.J. CRIMINOL VOL 38 NO. 1 WINTER 1998 TRUE CRIME STORIES Scientific Methods of Criminal Investigation, Criminology and Historiography CLAIRE VALIER* How can we catch the criminal? The history of criminology has had little to say about the place of scientific methods ofcriminal investigation in the discipline ofcriminology and in the redistribution of the power to punish that took place with the withdrawal of public execution. Thinking about this omission can act as a critical and reflexive exercise: why have we made a riddle of criminality ? Perhaps it is exactly the contours of this problem that mean that we consistently fail to catch the criminal. Perhaps there was never any mystery to be solved. How should we write the history of a discipline which now presents itself as a constellation of sociological and psychological approaches taking for their object crime and the criminal, but once identified itself as a science? The acknowledgement of the rhetorical power during the nineteenth century of scientific metaphors and allusions, and a loose reference to the nefarious effects of a faith in positivism, is insufficient. Looking at the problem from the other direction, beyond antiquarian accounts of quackery and all its eccentricities, beyond also the denunciation of 'pseudo-sciences' and a whole host of other charlatans, what else can be said? Perhaps a start can be made by confronting this discipline with a part of its past about which it has been quiet. This may be pursued under the rubrics of three questions: why has the history of criminology marginalized the history of scientific techniques in the pursuit of the criminal? What style of reasoning did these techniques employ? How are we to destabilize the disciplinary history of scientific methods in the search for the criminal? This paper may be usefully framed with the outlines of a mystery. The third edition of the Handbuchfiir Untersuchungsrichter published by Hans Gross in 1899 presented the following cipher: * Institute of Criminology, University of Cambridge. 1 would like to thank the following for their recognition and financial assistance: the President and Fellows of Queens' College, Cambridge for the election to a Munro Studentship, the Economic and Social Research Council for the award of a research studentship. The author thanks the following for their interest and advice: Professor Anthony Bottoms, FBA, Dr Michael Clark; Dr Catherine Crawford; Dr Vic Gatrell; Dr Lorainc Gelsthorpe; Professor Robert Reiner, Dr David Thomas, QC This paper is for my friend Cuillaume Mftayer. 88

Transcript of TRUE CRIME STORIES Scientific Methods of Criminal ......Ottolenghi's 1905 paper on a 'biographical...

Page 1: TRUE CRIME STORIES Scientific Methods of Criminal ......Ottolenghi's 1905 paper on a 'biographical chart*. The history of criminology may by now present Cesare Lombroso as an intellectual

BRIT.J. CRIMINOL VOL 38 NO. 1 WINTER 1998

TRUE CRIME STORIES

Scientific Methods of Criminal Investigation, Criminologyand Historiography

CLAIRE VALIER*

How can we catch the criminal? The history of criminology has had little to say about the place ofscientific methods of criminal investigation in the discipline of criminology and in the redistributionof the power to punish that took place with the withdrawal of public execution. Thinking aboutthis omission can act as a critical and reflexive exercise: why have we made a riddle of criminality ?Perhaps it is exactly the contours of this problem that mean that we consistently fail to catch thecriminal. Perhaps there was never any mystery to be solved.

How should we write the history of a discipline which now presents itself as aconstellation of sociological and psychological approaches taking for their object crimeand the criminal, but once identified itself as a science? The acknowledgement of therhetorical power during the nineteenth century of scientific metaphors and allusions,and a loose reference to the nefarious effects of a faith in positivism, is insufficient.Looking at the problem from the other direction, beyond antiquarian accounts ofquackery and all its eccentricities, beyond also the denunciation of 'pseudo-sciences'and a whole host of other charlatans, what else can be said? Perhaps a start can be madeby confronting this discipline with a part of its past about which it has been quiet. Thismay be pursued under the rubrics of three questions: why has the history of criminologymarginalized the history of scientific techniques in the pursuit of the criminal? Whatstyle of reasoning did these techniques employ? How are we to destabilize thedisciplinary history of scientific methods in the search for the criminal?

This paper may be usefully framed with the outlines of a mystery. The third editionof the Handbuchfiir Untersuchungsrichter published by Hans Gross in 1899 presented thefollowing cipher:

* Institute of Criminology, University of Cambridge. 1 would like to thank the following for their recognition and financialassistance: the President and Fellows of Queens' College, Cambridge for the election to a Munro Studentship, the Economic andSocial Research Council for the award of a research studentship. The author thanks the following for their interest and advice:Professor Anthony Bottoms, FBA, Dr Michael Clark; Dr Catherine Crawford; Dr Vic Gatrell; Dr Lorainc Gelsthorpe; ProfessorRobert Reiner, Dr David Thomas, QC This paper is for my friend Cuillaume Mftayer.

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This cipher is heavily implicated in the enquiry conducted by this paper, and theapproach taken in decoding it will be of the utmost significance.

Scientific Methods of Criminal Investigation and the History of Criminobgy

It is to be noted that studies analysing the history of scientific practices of criminalinvestigation have not come from the history of criminology. Recent contributions tothe field have come from the genres of social history (Kaluszynski 1987; Darmon 1989),the history of photography (Ph61ine 1985; Tagg 1988), the history of science (Panchasi1996), and the history of the body (Sekula 1986). The history of criminology has offeredonly a r£sum£ of the discoveries of a few 'pioneers' (Mannheim 1960; Stead 1977) andthe documenting of the identification methods of the fin de siecle (Radzinowicz andHood 1986; Hebenton and Thomas 1993). With regard to the latter, first, the historyof criminology has analysed neither the details of the scientific bases of the techniquesnor how they actually worked. Secondly, identification methods have been subsumedwithin the narrative of the 'taming' of the habitual criminal. The concern aboutrecidivism was of importance to the development of identification methods, but is notthe whole story. Finally, there are important differences between criminal investigation('who was the author of this crime?' 'how can we find him or her?' 'how can wedemonstrate in court that this suspect was the author of this crime?') and methods forthe identification of habitual criminals ('does this criminal before me have priorsentences?').

What is to be made of the paucity of attention given to scientific methods of criminalinvestigation within the history of criminology? It can be explained by threehistoriographical characteristics of histories of criminology: first, the charting of theways in which a conception of criminal behaviour constituted criminology; secondly, apreoccupation with the prison; and finally, an interest in charting the demarcation ofa professional discipline of criminology from the 1880s. Each of these features isconceptually linked. Michel Foucault's Surveiller et punir (1975) demonstrated how theprison of the nineteenth century operated as a laboratory from which emerged thefigure of a new species, the delinquent or homo criminalis, bearer of physical and/orpsychological stigmata that could be read as the indications of a propensity to commitcrime. From thence also came the swarm of extra-judicial experts who claimed theauthority to diagnose such signs and formulate treatment regimes, advise governmentson the administration of a penalty which should adapt itself to their findings. From theoutset and to this day the momentum of these features has been guaranteed by theirfailure. As such they exist in a concomitant relationship with their inverse. Theconcentration on a conception of criminal behaviour has as its counterparts the interestin social milieu and also an interest not in the offender but in the offence itself. Theconverse of a professional discipline of criminology is the multiplicity of'lay' discoursesabout crime and criminals. The counterpart of the preoccupation with the prison is toaddress social control outside its walls and this includes all manner of policing,including criminal investigation.

First then, the history of criminology would like to take as the foundation of thisdiscipline the introduction of a conception of criminal behaviour. This 'conception of

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criminal behaviour' refers to the host of demonstrations of the existence of a criminalitypredisposing an individual to commit offences and simultaneously explaining therecalcitrance of his recidivism (see, for example, Garland 1994). The interest here hasbeen in propensities, penchants, dispositions and constitutions. The essays inintellectual history by Piers Beirne (1993) have, however, demonstrated that a rigiddivision between classical and positive schools in this respect is untenable. Additionally,the interest in tracing the new scientific interest in the conception of criminal behaviourshould have had no need to exclude consideration of the use of scientific methods ofcriminal investigation. The practice of these methods, and the many handbooks, theses,tracts and casenotes that elaborated their use, yield up a whole range of informationabout the criminal that could be used to impute to him certain traits. The developmentof scientific methods of criminal identification was particularly ambiguous in thisrespect. The study of the tattoo as a means of criminal identification offered indicationsof social position from Tardieu's investigations at the mid-century (Tardieu 1855) atthe same time as Lacassagne's publications in the 1880s. Data from the Bertillon systemof identification was used to attest to the existence of a criminal type (McCorn 1896).The morphology and anomalies of the ear were described both as a means of individualidentification and as a potential indicator of degeneracy and criminal type (Lannois(1887) collates and comments on this work).

The history of criminology has described the consolidation of a professional disciplineof criminology from the 1880s. First, if a professional discipline of criminology is to berecognized, the story of a multiplicity of 'lay' discourses about crime and criminals alsorequires analysis. The popular conception of a criminologist as some species of'scientificdetective' is of significance here. Additionally, examination of the documents from whichthe formation of a professional discipline of criminology in the fin de siecle period hasbeen constructed provides no reason to have marginalized the history of scientificmethods of criminal investigation from this tale. The identification of criminology withan institutional locus has produced discussion of the foundation of chairs anddepartments in the universities, the establishment of specialist reviews, and the gatheringof international meetings. The confrontations between the Lyonnaise school and theScuola Positiva at the criminal anthropology congresses of the 1880s and 1890s havebecome a tale often told. The presence from the outset of an interest in judicialanthropometry and the problem of the identification of the criminal may also be noted.Records show that on 20 November 1885 Alphonse Bertillon, head of the ServiceD'ldentitie" Judiciaire of the Paris police gave an address to the first congress about hissystem of judicial anthropometry. Following this address, the first person to commentwas Cesare Lombroso, praising Bertillon for having demonstrated what he designatedas one of the practical sides of anthropology, with his system of'everyday usefulness'.The next person to speak was Alexandre Lacassagne, the medico-legist around whosework the Lyon school developed, and famous for his Pasteurian analogy of society as theculture from which the germs of criminality sprang, which expressed his concept of socialmilieu (see Kaluszynski 1988). Lacassagne recounted the effectiveness of Bertillon'ssystem in discovering the judicial antecedents of a 'skilful crook' in Lyon.1 Papers on

1 From ihc Lyonnaise school sec also Pernot (1885), who used Benillon's identification of ihe tramp 'Buisson' aj the criminalBosconi to prove the effectiveness of the Bertillon system.

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this subject of identification were given at subsequent congresses (Anfosso and Romiti1890; Cantilo 1890; De Ryckere 1893; Anfosso 1897) and the third congress passed aresolution to see anthropometric signalment adopted in every country. Similarly,Bertillon gave a paper to the first penitentiary congress. The first volume of the Archivesd'anthropologie criminelle et des sciences pinole carried an article by Bertillon, who was onthe committee of associates of thisjournal of which Lacassagne was one of the founders.The journal Scuola Positiva published articles on criminal identification, for exampleOttolenghi's 1905 paper on a 'biographical chart*. The history of criminology may bynow present Cesare Lombroso as an intellectual inheritor rather than a pioneer, forexample referring to the work of Franz Joseph Gall (1758-1828), and has recognizedthe place of 'practitioners' such as prison doctors in the prehistory of criminology.However, there is still a sense in which these have been presented as prefiguring thedevelopment of an academic discipline which is their success and culmination, and thehistory of criminology as emanating from, and acting upon, a wider range of practicesstill remains to be written.

Criminologists are by now familiar with the idea of the nineteenth century prison asa 'surface of emergence' for their discipline. The operation of the prison as a locus fromwhich knowledge about the nature of criminals, and the methods for their treatment,emerged has led the history of criminology to privilege penitentiary science as the mostimportant condition of existence of criminology. However, SurveiUer et punir is not agenealogy of criminology. We need to look beyond the prison to address not only theproceedings of the courtroom and the extra-judicial aspects of the individualization ofthe sentence, but also the investigations prior to that point.

Contemporary with the birth of the prison there occurred the 'reform' of the police,to which the use of scientific methods of criminal investigation was significant, and bothchanges were part of a redistribution of the overall punitive apparatus. This was notlost on eighteenth-century commentators. From the mid-eighteenth century the greatpenal reformers also criticized existing methods for apprehending criminals andconsidered the place of detection in deterrence. Cesare Beccaria's Dei delitti e dellepeneof 1764 not only condemned capital punishment, but also the system of rewards forthe apprehension of criminals, the latter being one proof of the weakness of agovernment. Beccaria also pointed out that for the purposes of deterrence, if theseverity of punishments were to be decreased, the certainty of detection must becorrespondingly increased. The latter was seen as the index of a superior efficiency(not to punish more, but to punish better). In 1789, Jeremy Bentham's/ln IntroductionTo The Principles Of Morals And Legislation addressed the psychology of motivation assubordinated to the 'two sovereign masters', pain and pleasure. Bentham consideredthat an individual's perception of the likelihood of their having committed anobnoxious act being detected by another person was essential to the action of thisrestraining motive upon them. The Fieldings had started the collection of informationabout criminals intended to supply clues for their detection from the mid-eighteenthcentury. Despite their activities, in 1796 Patrick Colquhoun stated in his A Treatise OnThe Police Of The Metropolis:

As the laws now stand, no energy enters into the system of detection, so as to give vigour and effectto that branch of police which relates to the apprehension of persons charged with offences . . .(Colquhoun 1796: 22)

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In Surveilltr et punir, Foucault saw generalized policing, or surveillance, as theconcomitant of the invention of delinquency, which led him to suggest that we shouldperhaps speak of an ensemble police-prison-delinquency. Criminal investigation, thedetection of the unknown authors of crimes which had already been committed, is notidentical with the pre-emptive surveillance of suspect populations discussed by Foucault(1975). What place did criminal investigation occupy? Did it promise the possibility ofa seamless surveillance? This may provide a partial answer, but if criminal investigationis to be wholly integrated into the police-prison-delinquency ensemble, there is asurplus consideration. Criminal investigation has had only a very superficial interest inthe aetiological question of what caused an individual to commit a crime. The interestextended only as far as would be useful to the apprehension of the culpable party.Perhaps the counterpart to a diffused criminality is the attempt to fix, locate and controlit, first within the body and secondly within distinct spaces such as rookeries, slums, andneighbourhoods. Methods for the identification of the criminal can be seen to have hada complex relationship to criminological theories.2 The observation and analysis ofcharacteristics of the material conditions of the scene of the crime that reached a newintensity with the use of scientific methods from the nineteenth century can be seen aspart of a new control of spaces.

The Style of Reasoning of Scientific Methods of Criminal Investigation

What kind of more refined practices of investigation were introduced with the newscientific methods? What style of reasoning did they employ? Published work that hasaddressed the identification of the criminal has accepted the 'conjectural model'described by Carlo Ginzburg (1980) as the basis of the methodologies of the newscientific approaches of the late nineteenth century.3 This 'conjectural model' involvedthe use of evidence that would be imperceptible to most people, adducing informationfrom sources that to all but the expert appeared inconsequential. According toGinzburg, during the decade 1870-80 a presumptive model emerged which operatedon the basis of the denial that reality was opaque and used the clue or the symptom asa privileged zone by means of which the expert could gain access to a deeper reality.This method could be traced back to a medical semiotics that used the detailedobservation of superficial symptoms to diagnose diseases inaccessible to direct study,and hence back to Hippocratic medicine. For Ginzburg the disciplines that he identifiedas following a conjectural model were qualitative, and demonstrated an interest in theindividual, as opposed to a paradigm based on Galilean physics and hence requiringquantification. Ginzburg traced the roots of the conjectural model to the practices ofdivination and the tracking of animals, as both involved the minute analysis of details

1 I am currently preparing a paper on the identification of the criminal based on research conducted in the Archives de laPerfccture de Police de Paris and the Fonds Lacassagne in Lyon. My work in progress consists of a paper on psychoanalysis andcrime 1906-39.

3 Ginzburg's paper has appeared in several English translations, for example it forms the core of his Clues, Myths and the HistoricalMethod (1989). Ginzburg is known to historians mainly for hisThe Quest and Warms, first Published in 1976. Work in the history ofscientific methods of criminal investigation that has accepted Ginzburg's conjectural model includes Kahxszynski (1987) andPanchasi (1996). Forrester (1996) thinks around this debate in his paper on die genealogy of the case.

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for the purpose of elucidating the vestiges of events beyond the direct perception ofthe observer. This formed part of Ginzburg's project to undo the opposition between'rationalism' and 'irrationalism'. As such, Ginzburg's genealogy of a conjectural modelhas been used to question the objectivity of new scientific methods of identification.Roxanne Panchasi's 1996 paper on the development of expertise in writing, orgraphology, uses Ginzburg's conjectural model to destabilise Michon's development ofgraphology as a scientific discipline. Michon's 1880 m£moire sought to restate theinfallibility of his scientific methods in graphology in the light of several cases in whichhis expertise had been slighted in a judicial setting, for example his assertion that acontested will was a forgery. In this publication Michon opposed his graphology to 'theold conjectural practice of the ancient expert opinions' (1880: 15):

Graphology clearly rejects conjecture. If it does not find by means of graphic anatomy some tangibleoverwhelming proof of the truth or falsehood of a writing it says straight out: I lack proof, I pronounceno decision. (1880: 13-14)4

Certainly, as Panchasi noted, Michon sought to distance himself from his earliercollaboration with Desbarolles. The frontispiece of their book of 1872, Les mystfrres del'ecriture, depicted an expert in consultation with a woman, and a phrenological headwas clearly represented in the background of the scene. As such Michon turned to theindisputable objectivity of 'the graphic law' which he asserted left nothing to chance.Seeing graphology as resting on a conjectural model means that Michon's oppositionof scientific method and incompetence, of truth and fraud, can be dissolved.

While admitting the applicability of Ginzburg's model to some identificationtechniques, the conjectural model cannot be accepted as a general model able to explaineither the methodology of all identification techniques or the broader range of scientificmethods of criminal investigation. Ginzburg renders the clue and the symptomanalogous as routes to the access of a deeper reality. However, in criminal investigationthe clue was always read very superficially. Additionally, quantification has played animportant part in the methodologies of scientific methods of criminal investigation.Finally, the privileging of the decade 1870-80 for the emergence of Ginzburg's modelmay be challenged. Within criminology, in the criminal anthropology of the latenineteenth century it could be said that the symptom was used to access the deeperreality of criminality. Those interested in the aetiology of criminal behaviour sometimesused the techniques of criminal identification methods as these suggested enhancedexactness. Additionally, those who refined techniques of criminal identification alsohad an anthropological interest. In legal psychology an interest in the study of thepsychology of the criminal can also be discerned. However, in other areas of thescientific methods of criminal investigation, for example the analysis of poisons, blood,dust, an interest in obtaining access to an anterior and deeper reality is not a concern.It could be said that these methods of criminal investigation developed an almost banaladministrative relationship based on the differentiation of the constituent substancesof materials.

To commence with a challenge to Ginzburg's chronology. Welsh (1992) charted howcircumstantial evidence rose to become the most favoured form of proof from the

4 All traiulaiionj are ihe author's own.

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second half of the eighteenth century, indicating here the significance of the growth ofprobabilistic thinking that has been explored in the work of Ian Hacking (1975, 1990).By 1838 Wills was able to conclude that in practice circumstantial evidence was oftensuperior as a mode of proof to the average strength of 'direct evidence'.5 It may benoted in passing that the acknowledged precedent for the use of science in an Englishcourt is the Folkes v. Chadd case of 1782 in which a civil engineer addressed the questionof why Wells harbour had silted up.6 This case also involved the presentation ofhandwriting evidence. From physics, a case was cited by Foder£ (1813) of a nocturnalmurder in which the witnesses claimed to have recognized the culprit from the flash ofa pistol shot. The physical sciences class of the Institute was consulted, which madeexperiments and answered that this was not possible. In the field of ballistics, from 1835Henry Goddard began to make comparisons between bullet striations and the riflingin gun barrels. Boutigny published a paper in 1834 on the question of determining thetime when a weapon had been discharged. A policeman and an expert gunsmith haddiffered in their opinion, so Boutigny was consulted. His experiments examined thecolouring of the discharge deposited on the battery and detected the presence of ironoxide (Boutigny 1834).

Toxicology was launched as a science with the use of chemistry from the earlynineteenth century. The first volume of the Journal de chimie mtdicale, de pharmacie et detoxicologie, carried a report by Orfila in 1825 of his actions in a criminal investigationof a case of poisoning. Similarly, in its early issues the Archives d'hygiene publique et de•midecme Ugale published numerous reports of consultations in cases of suspectedpoisoning, with Orfila and Barruel as frequent authors. In this journal, the chemicalanalysis of foodstuffs with respect to poisoning provided one link between die newscientific methods and public hygiene, with papers and reports regularly appearing onthe subjects of adulterated and fabricated foodstuffs and accidental poisoning. InBritain, in 1829, Addison and Morgan published the first book in English on die actionof poisons on the human body, and in 1836 James Marsh demonstrated his test for thedetection of arsenic in humans. If famous cases are to be referred to, die Mercier caseof 1839 and the Lafarge trial of 1840 can be cited, in which Orfila acted as expert, givingtestimony as to the presence of arsenic in the body of the deceased.

The methods of chemistry were also applied to the question of whether a sample ofblood was of human or animal origin. The first volume of die Archives d'hygi&ne publiqueet de midecine Ugale carried a paper on this question (Barruel 1829; see Chevallier andBarruel 1834 for a report of experiments to resolve this question during the course ofa criminal investigation). Other materials were also subjected to chemical analysis toestablish their identity for the purposes of criminal investigations, notably stainssuspected to be those of semen (Chevallier 1834; see Bayard 1839 for a detailedmicroscopic analysis of suspected semen stains in the context of enquiries related tosexual offences). CKemical analysiswas also used to examine writing suspected of havingbeen forged or odierwise tampered widi (Chevallier 1826; Barruel and Chevallier1834). This latter activity hence predated considerably Michon's recasting ofgraphology as a scientific discipline.

5 Locard (1920) points out that 'preuvc par Ics indices' was the French equivalent of 'circumstantial evidence'."Folka v. Chadd 1782 (3 Doug. KB 1782: 157-61 English Reports).

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The increased use of circumstantial evidence involved a whole critique of the valueof the mbnoire visueUe as practised by witnesses, defendants, policemen, and examiningmagistrates. This involved both the adoption of scientific methods of observation,recording and analysis, and also the subjection of the psychological processes ofperception, forgetting, recall, and the interrogation of witnesses and the accused, to asustained analysis. The adoption of scientific methods was then first made on the basisof the human inadequacies of the mhnoire visuelle. One group of such methods was thatused for the identification of the criminal. These methods were intended to replacepractices such as the weekly visits of detectives to prisons in order to both memorizethe faces of inmates and also to point out any recidivists that they recognized. CharlesDickens provided a sketch of this procedure in his tales of Mr Pickwick, with the latterundergoing a scrutiny by the turnkeys on his admittance to the Fleet as a debtor. InDickens's story, published in 1836-37, this ceremonial was termed 'sitting for yourportrait' (Dickens 1975: 660-62). The Belper committee report of 1901 found noreason to discontinue such visits of detectives to British prisons but they were finallyceased in 1903.

The methods of the judicial photography of criminals intervened to aid the memoryand later to submit the image of the criminal and his body to the precision ofmeasurements. The old descriptive methods of signalment were considered as tooimprecise and too subjective, typically employing such vague terms as 'oval face, bignose'. These were to be replaced by the objectivity and reliability of standardizedprocedures, and all based on the belief in the infallibility of a realist paradigm whichhas been discussed by Christian Phe"line (1985) and Alan Sekula (1986).7

An instance of the operation of such strategies may be observed in Bertillon's activitiesfollowing the bombing attacks in Paris of 20 February 1891. Two bombs were placedat Parisian residences, and simultaneously a letter was delivered to two commissionersof police announcing that on their receipt their author, 'Rabardy', would commitsuicide. One of these devices killed a woman. The cadaver of an unknown wassubsequently discovered in the peristyle of La Madeleine, the cause of death being theexplosion of a device identical in construction to those placed at the two residences.Bertillon was called in as expert and found himself faced with the problem of thepost-mortem identity of a mutilated cadaver. Police searches had revealed that thename 'Rabardy' was an alias, but the cadaver was before long suspected to be that of amilitant anarchist named Pauwels. The question then arose as to whether the survivingoccupants of the residences atwhich the bombs were placed could recognize the cadaveras Pauwels either from memory or from comparison with judicial photographs ofPauwels while living. This presented difficulties for the witnesses. First, they had onlyseen the suspect briefly during the mundane operation of the letting of a room, and inpoor lighting. Secondly, the mutilated state of the cadaver made its identification withthe living subject complicated. However Bertillon was able by means of his photographof Pauwels to remain unshaken in his conviction of the identity of the false 'Rabardy'with the Belgian anarchist Pauwels (Bertillon 1894).

7 The photography of other populations also took place from the mid-nineteenth century, notably that of asylum inmates (seeDidi-Huberman 1982).

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The photography of the scene of the crime was similarly developed as a check on theprejudices and distortions exercised by the mimoire visuelle. Niceforo marked out thepractices of'scientific criminal investigation' from the 'deluge' of words resorted to fora description of the scene of the crime in an 1847 murder case (Niceforo, 1907: 2). Thelens of the camera embraced all in its field of view, missing no detail that might bepassed over by the human eye. It also provided a faithful record of a crime scene whosecondition would deteriorate with the presence of investigators and with the passage oftime to make observations at a later date unreliable.

The use of judicial photography is not a phenomenon dating from the fin de siecle.First, the idea predated the technology. In 1819 a certain Huvet, employed as a clerkin the office of prisons, proposed to the Prefect of Police of Paris the establishment ofa 'gallery of portraits of the subversive elements of society', obtained with the aid of a'physniotrace'. This apparatus would record the projection given by the outline of theshadow made by the body on a surface when it was placed between the surface and aluminous point (Liaisons 1979: 5). Secondly, there was not a delay of 40 years from theintroduction of the first reliable photographic process to its application for judicialpurposes. Following Louis Daguerre's publication of the daguerreotype process in 1839the Paris police were using photographs of criminals from at least 1841, and a caseinvolving the use of judicial photography was reported in Lausanne in 1854 (Pheline1985). By this year the governor of Bristol gaol, Anthony Gardiner, was circulatingphotographs of his prisoners to every prison in the country to see if any apparentlyfirst-time offenders were actually recidivists (Gernsheim 1965: 514—15). In this sameyear of 1854 another Lacan, the editor of the photographic review La Lumiire, discussedthe suggestion of an inspector of prisons that the photographic index of inmatesestablished at a prison in Alsace be generalized throughout France. Importantly, heproposed the addition of a 'graphometric' index (Lacan 1854). In the following issueof this review an engineer named Eugene Beau suggested modifications to this systemincluding the introduction of metric measurement: a scale to enable the calculation ofbodily dimensions should be placed in the frame (Phe"line 1985).

These new methods did not go unopposed. First, there are several records ofcriminals refusing to be photographed. Griffiths (1894) tells the tale of an unknowntramp, who threw himself on the ground to avoid the accusing eye of the camera, wassubsequently photographed without his knowledge, and recognized to be one 'RedRufus', who had committed a murder (Griffiths 1894: 170-85). There are photographswhich show the criminal struggling while being held by guards or police (Luke 1980:125). At the third international congress of criminal anthropology in 1893, De Ryckerereported the penalties existing in France and Switzerland for those who refused to bemeasured according to the Bertillon system. This was a consideration addressed byBertillon from the time of his first publication:

We don't have to examine the question of up to what point a society has the right to measure adefendant against his will. Let's say however that the measurements of our system can if need be, betaken by force with a sufficient approximation. (Bertillon 1890: n. 28)

In 1885 a Home Office prison rule made the refusal to be photographed a breach ofprison discipline to be punished. Judicial photography and anthropometric measure-ments evoked questions of civil liberties. They also offended bourgeois sentiments ofpropriety and respectability. In 1897 Paul Aubry criticized press reports of the shame

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of measurement, referring to what he saw as the ridiculous prejudice which consistedin seeing ignominy in measurement. Certainly the celebration of the Bertillon systemat the Exposition of 1900 (see Rey and Feron 1900) also had its detractors. The pressreported the case of an unfortunate whose mugshot was recognized among Bertillon'srogue's gallery, having been arrested for begging several years earlier. The publicationof Bertillon measurements and photographs was (unsuccessfully) used as the basis fora libel action at the turn of the century in the United States of America (reported byAnonymous 1903).

The development of new scientific methods of identification sought to replace thedissimulation and error of witnesses. Testimony remained central to die judicial processand retained an important role in the investigative process, so it became important tomake an appreciation of its value and features. With the development of legalpsychology, these variations of perception, memory, and recall were to be made part ofa discipline that sought to submit them to rigorous experimentation and analysis to elicittheir value for the deposition of evidence. The deformation of the actual events that hadtaken place down a chain of witnesses, the subjective character of perception, the foiblesof memory, the difficulties of recall, and the most effective techniques of interrogationwere studied. Investigation of the testimonial process by means of experimentalpsychology could demonstrate how to correct the systematic deformations. A specialistjournal on the psychology of testimony, the Beitrage zur Psychologie der Aussage, wasintroduced in 1903 under the direction of Stern (in 1908 this changed its name toZeitschrifi fiir angewandte Psychologie). Hugo Miinsterberg (1909), who had been a pupilof Wundt in Leipzig in the 1880s, presented numerous descriptions of his experimentswith students of the Harvard psychology course and applied them to legal psychology.The idea that a large number of judicial errors were due to false or erroneous testimoniesbecame propagated (see for example Lailler and Vovoven 1897) and experiments alsodemonstrated that error in testimony was the rule rather than the exception.E. M. Forster's/4 Passage To India (1924) used the ambiguity of whether details had beenremembered or imagined as the crux of the courtroom scene of his novel.

In The Psychopathology Of Everyday Life (1901) Sigmund Freud analysed actions thathad previously been seen as due to chance and argued that in fact they were strictlydetermined. His psychic determinism led him to posit purposeless actions assymptomatic of complexes. If by the 1970s criminalistics was being defined as theidentification and evaluation of 'material' or 'physical' evidence, at the turn of thecentury it still included psychology. The use of psychoanalysis was explored bycriminalists at the turn of the century. In The Psychopathology Of Everyday Life, firstpublished in 1901, Freud referred to Hans Gross's experiments with what Freud termed'a technique for the diagnosis of facts'(Freud 1938: 191-2,n.l).In 1906, Jung publishedDie Psychobgische Diagnose des Tatbestandes on the subject of the use of associationexperiments in criminal interrogation. Freud's 1906 paper, 'Psychoanalysis And TheAscertaining Of Truth In Courts Of Law' was first published in a journal edited by Hans

8 Hans Gross (1847-1915) wa» an Austrian, who occupied the positions of Examining Justice, Public Prosecutor, Professor inCriminal Law and Justice Administration, and chairman ofa Senate of the Appellation Court in Grar during his career. Cross sawdie criminal case as a scientific probleim to be solved, and insisted that the preliminary investigation was more important than thetrial. Gross's son, Otto, was a psychoanalyst. See Crassberger 1960, for further biographical information about Gross, andRadzinowkz 1961, ch 2, for an assessment of his significance to Austrian criminology.

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Gross (Archiv fur Kriminalanthropologie undKrimmalistik).8 This paper was first presentedin a seminar to law students (Jones 1967: 379; Freud 1956). Freud referred to the workof Wertheimer and Klein, two pupils of Gross in Prague who were the first to experimentwith word association as a method of investigation by which the accused or the witnesswould be led to betray himself. Freud wanted to differentiate between his clinical workwith the hysteric and the work of the investigator with the criminal, and his paperwarned against the drawing of simple analogies between the two. According to Freud,both the criminal and the hysteric had something to hide, the difference being thatwhereas the criminal knew this and intentionally concealed the information from theinvestigator, the hysteric was unaware of the hidden material. The hysteric was plaguedby repressed psychic material as the criminal was by a guilty conscience. However, thehysteric, desiring a cure for various unpleasant symptoms, would co-operate with theprocess of uncovering hidden complexes and the criminal would not co-operate. Forthe hysteric, resistance to bringing complexes into consciousness was located at theboundary between the unconscious whereas for the criminal resistance whollyoriginated within conscious life. This latter consideration meant that complexes in thecriminal might not be betrayed by the same signs as the unconscious resistance of thehysteric.

Hans Gross taught a course on legal psychology in Graz from 1894. In his KriminalPsychologie (1897) Gross discussed the operations of sensory perception in theirinfluences on the administration of the law, and also what he termed 'phenomenology,'or the study of appearances. This field of investigation was directed at ' . . . thesystematic co-ordination of those outer symptoms occasioned by inner processes, andconversely, the inference from the symptoms to them' (Gross 1918: 41). Gross definedhis phenomenology as 'the semiotic of normal psychology', differentiating it in thisrespect from the 'psychopathic semiotic' of the Scuola Positiva. He drew attention tothe significance of, for example, reflex movements, laughter, and the making of suchobservations as how a man wore his hat, writing that: 'Every mental event must have itscorresponding physical event in some form, and is therefore capable of being sensed,or known to be indicated by some trace' (Gross 1918: 42). Such observations would havecorroborative value when a large number of them were brought together and analogieswere drawn. Gross stressed the importance of unconscious operations in establishingwhat was significant concerning the individual. He advised his criminalist reader tostudy the literature of memory, especially with regard to the forgetting of pain and fear,and also the literature on language, whereby the criminalist could learn how to discernthe significance of definitive images from apparently worthless statements.

Ginzburg (1980) explained that the new conjectural model was based on a medicalsemiotics. The new scientific methods of criminal investigation applied the natural,physical and mathematical sciences to the resolution of both old and new sets ofquestions. S£v. Causs^'s 1854 paper provides an example here, which used themethods of geometry to discern whether footprints left on the scene of a crime couldbe identified with those of the suspect. The paper began by posing its problem in thisway:

The practice of medical jurisprudence raises, from time to time, new and interesting questions, ofwhich the solution is sometimes difficult, and puts the expert in an awkward position. One does notfind then, neither in die authors nor in die scientific documents, any fact which can serve as a guide.

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The specialist called upon in these cases finds himself obliged to assess all by himself and to createa modus faciendi, which extricates him from the predicament in which circumstances have placedhim.

After citing several cases of the 1840s involving the measurement of footprints left onthe scene of the crime, Causse' elaborated his method and concluded with regard to thestudy of prints: . . . it can reveal a striking identity, as a result of mathematicaldemonstration, between the incriminating prints and those formed by the feet of theaccused' (1854: 179-80).

To the extent that Ginzburg's conjectural model identified itself with qualitativemethods and in opposition to quantification, its general application to the new scientificmethods used in criminal investigation may be challenged. Ginzburg did not apply hismodel to all of the new methods. However, he did specify the Bertillon system ofidentification.9

In 1860 Stevens, director of Louvain Prison, called attention to Quetelet's theoriesand suggested the measurement of all adult criminals for the purposes of identification.Bertillon's first publication on judicial anthropometry dated from 1881, andcommenced by reviewing the signaletic value of the various bodily characteristicshitherto used in signalment, with the following as its touchstone:

. . . this dual consideration: fixity in the denomination of the characteristic in the same individualand variability from one individual to another. (Bertillon 1890: 15)

Bertillon then presented tables and barcharts summarizing figures resulting from anensemble of over 10,000 observations or measurements that he made in 1880. In thisway he found that the colour of the hair was only a signaletic characteristic in the caseof blond or red hair. Bertillon sought to locate his 'invention' within the critique of themhnoire visuelle, with the replacement of 'the old eccentric signalment' (de Laveleye1907). In his address to the first international congress of criminal anthropology atRome in 1885 Bertillon announced: T o make these expressions more precise, it isnecessary to replace the qualifications: medium, small, big, oval, large, etc., withnumbers', and claimed with regard to his system: 'A man characterised in this way bymeasurements is mathematically identified' (Bertillon 1886). Bertillon pointed out thathis methods were based on Quetelet's binomial curve and also identified his activitieswith those of Paul Broca, who had steered anthropology in a medical direction whichmade use of quantification with his statistical craniology.

Likewise for Bertillon's development of the metric photography of the scene of thecrime. As the Intransigiant pointed out in 1909, ordinary photography did not respectperspective and deformed objects placed before the camera. The Echo de Paris posedthe problem in this way:

Dimensions, distances, used to be evaluated with difficulty from a photograph. How to transform aperspective view into a geometric plan from which one can determine mathematically—andpractically without calculation—the dimensions of objects and their distance? (Echo de Paris 1903)

' For a contemporary description of how the Betnillion system worked, see Anonymous 1890.

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The press reported that Bertillon had solved these problems with his imposition of astandard scale of reduction and introduction of a metric scale into the frame of thephotograph.

This is not to deny all significance of Ginzburg's conjectural model in this area. Itsapplication to Bertillon's portrait parl6 method of identification is cogent. This involveda methodical description by observation alone—no instruments were used. A specialvocabulary noted the signalment in response to questions formulated as rubrics on aprinted formulaire. Only extreme characteristics were written on the fiche. Forrester(1996) has demonstrated that the genealogy of the case is useful to the history ofpsychoanalysis. It is also useful to some aspects of the history of criminology, andparticularly to the understanding of the use of psychotherapeutic methods in thetreatment of the criminal. However, the history of scientific methods of criminalinvestigation cannot be fitted into this schema unproblematically.

The Genealogical Method, Criminology, and Scientific Methods of Criminal Investigation

This paper has sought to demonstrate that the history of scientific methods in criminalinvestigation is of considerable significance to the history of criminology, not least inemancipating the latter from its preoccupation with the prison. It also aims to showthat the genealogical method substantially questions the disciplinary histories of bothcriminology and the practice of scientific methods of criminal investigation.10 Withregard to the latter we are thinking of the celebration of the evolution of methods toelicit the macabre evidence of 'Us traces revelatrices', 'these mute witnesses'. There hasbeen much brief summary of This progressive substitution of the evidence of facts forhuman evidence . . . ' (Sanni£ 1954)." The rhetoric of the detective novel is often notfar from these accounts: 'A simple thread left by the culprit can become Ariadne'sthread' (Locard 1920: 157). Here mythology, narrative and criminal investigation areambiguously overdetermined in the noun 'fiT (thread).

Ginzburg's genealogy of a conjectural model means that we can question theobjectivity of such new methods. Certainly we cannot accept without scrutiny EdmondLocard's assertion that: The laboratory has become the ante-chamber of the court'(1920: 25). While questioning the applicability of Ginzburg's model in various respects,questions of a genealogical kind have nevertheless been posed in this paper. It is stillpossible to speak of 'ignoble origins'. Genealogy follows the main line of descent butalso considers its connections with other branches and asks the question: 'why was this

10 The following quotation from a chapter on the historiography of psychiatry elaborates several of the most important ftmajoniof disciplinary histories: 'Disciplinary histories socialize scientific initiates into their endeavour by establishing a line of intellectualfiliation between the great minds of the past and contemporary workers. With newly acquired bodies of knowledge, they may arguefor the epistemotogical integrity, and therefore identiGc credentials, of a discipline by tracing a suitable line of evolution. Theymay also assist in sharpening contested interdisciplinary or intradisciplinary boundaries. Furthermore, in periods of paradigmaticconflict, science historic*, by memorializing the proper lineage of figures, texts, and ideas, serve to legitimate particular theoriesand methodologies and to delegitimate others . . . [they also] present a favorable image of the Held not only internally but to theeducated public, the media, and institutional sources of financial support' (Micale and Porter 1994' 26). See also Graham, Lepeniesand Weingart 1983: xv—xx, and Lenoir 1993).

11 For short "Whig' histories of the development of idenufic methods in criminal investigation, see for example Hoover 1929;Simpson 1966 and Kind 1991.

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path taken rather than that?' Questions of this kind that have been asked in this paperare: 'why has the history of criminology marginalized the history of scientific methodsin criminal investigation?' and 'how has it happened that the analysis of physicalevidence has received more official support and more interest from criminalists thanthe analysis of psychological clues?' Here the 'false trail' of the use of psychology incriminal investigation was followed. Following up all the connected trails reveals thecontingency of the past of both criminology and the practices that Hans Gross came tocall 'criminalistics'. However, there is something else of importance as concernsgenealogy, something is yet missing.

So finally a return to the cipher with which this paper commenced. The 1907translation of Gross's manual described it as an 'impudent' message left by criminals,and the 1934 edition as 'impertinent' (Gross 1907: 335, 1934: 229). The significanceof this insubordination and of its place in a practitioners' manual intended to subjectsuch argot to the decoding of the expert criminalist should not be overlooked. Forgedwriting, secret inks, the decipherment of cryptograms, the reading of tattoos . . . Thenumerous dictionaries of the argot of criminals that appeared throughout the courseof the nineteenth century, of which Eugene Vidocq's Les Voleurs was one of the mostpopular found their place here. Vidocq promised with his publication to unveil theruses used by rogues and comments that if their language were known they could bespotted just before they were about to commit an offence. From his intimate knowledgeof the milieu and mores of the underworld Vidocq, the master of disguises, wouldprovide a guide to enable honest men to protect themselves against criminaldepredations.

That is not the only significance of Les Voleurs. It also presented several songs inthieves' argot, which Vidocq duly translated. One of these began with the acclamation:'A sole feeling moves you: to steal a lot.' The song expressed hatred of the police andtheir informers, scorn at the fear of imprisonment, and the delicious profanity thatthieves preferred to steal on holy days. It ended with the resolution never to leave thetrade of the thief: 'prefer to die a thief. Such was the defiance, pride in the brotherhoodof the guild of thieves, rejection of the propriety of religious mores in a Catholic country.As such, it should be remembered that the use of scientific methods of criminalinvestigation, and also that expert discourse on crime, criminology, have as both targetand opposition impulsive deeds committed in anger or under the sway of otherpassions, dissimulation and cunning, a criminality that becomes a way of life, theimpenetrable erudition of the argot and customs of a subculture. This insubordination,deceit, recklessness, despair, pleasure, fury, is not successfully suppressed, not even intales of 'solved' cases, cases in which the scientific investigation is verified by the idealdenouement of a confession, conjectures supported by a panoply of measurements readoff the surface of the body, the deployment of the methods of the autopsy, psychologicaltests, statistics directed at the elucidation of an aetiology, maps of the topography ofcriminogenic milieux. No aetiology of crime has been found that has enabled thedevelopment of a universal panacea. While that quest continues, the development ofsophisticated metfiods of criminal investigation has promised: 'We might not be ableto stop crime, but we can do something about catching criminals.' Have you workedout what the cipher means yet, this scornful message scrawled on trees by the Austriancriminals of the late nineteenth century? It can be decoded as: 'Where is the thief? Can'tyou catch him?' (or so Hans Gross put it).

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