TRIAL BY TRIAL
For the Special Marine Corps Court of Inquiry in Washington that had to judge one of the cases of brainwashing, I was asked, as an expert witness, if I could explain why some of the American officers yielded rather easily to mental pressure exerted by the enemy.
It was in the days when Congressional investigations in our country were in full swing. In all honesty I had to answer that sometimes coercive suggestions underlying such investigations could exert conforming pressure on susceptible minds. People are conditioned by numerous psychological processes in our daily political atmosphere.
Though we have been forewarned of what totalitarian techniques may do to the mind, there is reason to be alarmed by the possible disruption of values brought about by some of our own troubles.
The totalitarian dictator succeeded in transforming his apparatus of “justice” into an instrument of threat and domination. Where once a balanced feeling of justice had been recognized as the noblest ideal of civilized man, this ideal was now scoffed at by cynics — like Hitler and Goebbels — and called a synthetic emotion useful only to impress or appease people. Thus, in the hands of totalitarian inquisitors and judges justice has become a farce, a piece of propaganda to soothe the people’s conscience. Investigative power is misused — to arouse prejudices and animosities in those bystanders who have become too confused to distinguish between right and wrong.
The totalitarian has taught us that the courts and the judiciary can be used as tools of thought control. That is why we have to study how our own institutions, intentionally or unobtrusively, may be used to distort our concepts of democratic freedom.
The Downfall of Justice
To a psychologist, perhaps the most interesting aspect of the Moscow purge trials between 1936 and 1938 was the deep sense of moral shock felt by people all over the world, whose trust in the judicial process was shaken to its foundations by these perversions of justice. Discussions about the trials always concerned themselves less with the question of guilt or innocence of the accused than with the horrifying travesty of justice the trials presented. Somewhere deep in the soul of men lies the conviction that a judge is, by definition, a righteous, impartial man, that an appeal to the courts is the road to truth, that the law stands above corruption, degradation, and perversion. Of course, we recognize that judges are human beings like ourselves, that they can make mistakes, as the rest of us do, and we are even willing to accept temporary injustice because we believe that there will be eventual vindication and that the rule of law and justice will remain triumphant. The moment the judicial process becomes a farce, a show to intimidate the people, something in man’s soul is profoundly affected. When justice is no longer blind, but has her eye on the main chance, we become frightened and alarmed. To whom shall a man turn if he cannot find justice in the courts?
During the course of psychotherapy, one of my patients was called to jury duty. The experience disturbed him deeply, for apparently the prosecutor in this case was more interested in getting a conviction than in finding out the truth. Although the jury had the last word, and, by its verdict, condemned the prosecutor’s strategy, our juror was greatly upset. “What happens,” he asked me, “in other cases? Suppose the jurors cannot see through the lawyer’s sophisms? Suppose they are taken in by his constant suggestion and insistence?”
Indeed, any trial can be used as a weapon of intimidation; it can, in a subtle way, intimidate the jurors, the witnesses, the entire public. In Totalitaria, some higher courts exist only to carry out this function of intimidation; their purpose is to prove to their own citizens and to the world at large that there is a punishing and threatening force controlling the government and that this force can use the judiciary for its own purposes.
An apparent objective official investigation may become a weapon of political control simply through the suggestions that inevitably accompany it. The man who is under investigation is almost automatically stigmatized and blamed because our suspicions are thrust on him. The very fact that he is under scrutiny makes him suspect. Thus, even the so-called “democratic power to investigate” may become the power to destroy. We must beware of this danger! Already the approving or disapproving way of interrogation changes man’s thinking about facts.
Any judicial action, whether legal or investigative, which receives widespread publicity, exerts some mental pressure on the entire public. It is not only the participants in the action who have a stake in its eventual outcome, the citizens as a whole may well become emotionally involved in the proceedings. Any official investigation can be either a mere show of power or an act of truth. As a show of power, by a totalitarian government or by an unscrupulous demagogue, it can have frightening consequences. The German Reichstag fire case, the Moscow purge trials, and the court actions against our P.O.W.s in China are prime examples of “legal” action which served to consolidate the political power of ruthless men and had for their object confusion of a helpless citizenry. An additional intention was to shock the public opinion of the world.
If we look at legal inquiry from the point of view of each of its participants, we will see even more clearly the dangers we must guard against.
The Demagogue as Prosecutor and Hypnotist
Recent happenings in our own country indicate clearly that the methods used to satisfy a question for power show a universal pattern. The ancient magic masks used to frighten the people may have been replaced by an overconfident show of physical strength by a “hero” artificially shaped as an object of admiration and identification for infantile minds, but the loud noises of propaganda are still with us, magnified a thousandfold by the radio and television, and serving to intimidate and hypnotize our less alert contemporaries. A worldwide audience, watching and listening to the demagogue playing all his different roles — the righteous accuser, the martyred victim, the voice of conscience — is temporarily thrown into a semifrightend, trancelike state of exhausted inattentiveness through the monotonous repetition of threats, accusations, and cliches.
The demagogue, like the totalitarian dictator, knows well how to lay a mental spell on the people, how to create a kind of mass suggestion and mass hypnosis. There is no intrinsic difference between individual and mass hypnosis. In hypnosis — the most intensified form of suggestion — the individual becomes temporarily automatized, both physically and mentally. Such a clinical state of utter mental submission can be brought about quite easily in children and in primitive people, but it can be created in civilized adults, too. Some of the American P.O.W.s in Korean prison camps were reduced to precisely this condition.
The more the individual feels himself to be part of the group, the more easily can he become the victim of mass suggestion. This is why primitive communities, which have a high degree of social integration and identification, are so sensitive to suggestions. Sorcerers and magicians can often keep an entire tribe under their spell.
Most crowds are rather easy to influence and hypnotize because common longings and yearnings increase the suggestibility of each member of the group. Each person has a tendency to identify with the rest of the group and with the leader as well, and this makes it easy for the leader to hold the people in his grip. As Hitler said in “Mein Kampf,” the leader can count on increasing submissiveness from the masses.
Sudden fright, fear, and terror were the old-fashioned methods used to induce hypnosis, and they are still used by dictators and demagogues. Threats, unexpected accusations, even long speeches and boredom may overwhelm the mind and reduce it to a hypnotic state.
Another easy technique is to work with specially suggestive words, repeating them monotonously. Arouse self-pity! Tell the people that they have been “betrayed” and that their leaders have deserted them. From time to time, the demagogue has to add a few jokes. People like to laugh. They also like to be horrified, and the macabre, especially, attracts them. Tell them gory tales and let them huddle together in sensational tension. They will probably develop an enormous awe for the man who frightens them and will be willing to give him the chance to lead them out of their emotional terror. In the yearning to be freed from one fear, they may be willing to surrender completely to another.
The Demagogue as Prosecutor and Hypnotist
Radio and television have enhanced the hypnotizing power of sounds, images, and words. Most Americans remember very clearly that frightening day in 1938 when Orson Welles’s broadcast of the invasion from Mars sent hundreds of people scurrying for shelter, running from their homes like panicky animals trying to escape a forest fire. The Welles broadcast is one of the clearest examples of the enormous hypnosuggestive power of the various means of mass communication, and the tremendous impact that authoritatively broadcast nonsense can have on intelligent, normal people.
It is not only the suggestive power of these media that gives them their hypnotizing effect. Our technical means of communication make of the people one huge participating mass. Even when I am alone with my radio, I am technically united with the huge mass of other listeners. I see them in my mind, I unconsciouly identify with them, and while I am listening I am one with them. Yet I have no direct emotional contact with them. It is partly for this reason that radio and television tend to take away active affectionate relationships between men and to destroy the capacity for personal thought, evaluation, and reflection. They catch the mind directly, giving people no time for calm, dialectical conversation with their own minds, with their friends, or with their books. The voices from the ether don’t permit the freedom-arousing mutuality of free conversation and discussion, and thus provoke greater passive acceptance — as in hypnosis.
Many people are hypnophiles, anxious to daydream and day-sleep throughout their lives; these people easily fall prey to mass suggestion. The lengthy oration or the boring sermon either weakens the listeners and makes them more ripe for the mass spell, or makes them more resentful and rebellious. Long speeches are a staple of totalitarian indoctrination because finally the boredom breaks through our defenses. We give in. Hitler used this technique of mass hypnosis through monotony to enormous advantage. He spoke endlessly and included long, dull recitals of statistics in his speeches.
The din of constant verbal intimidation of the public is a recognized tool of totalitarian strategy. The demagogue uses this suggestive technique, too, as well as the more tricky maneuver of attacking opponents who are usually considered to be beyond suspicion. This maneuver is often combined with a renewed appeal to self-pity. “Fourteen years of disgrace and shame,” was the slogan Hitler used to slander the very creative period between the Armistice in 1918 and the year he seized the helm. “Twenty years of treason,” a slogan used in our country not too long ago, sounds suspiciously like it, and is all too familiar to anyone who watched Hitler’s rise and fall.
The stab-in-the-back myth reduces everyone who is taken in by it to the level of suspicious childhood. This inflammatory oratory aims toward arousing chaotic and aggressive responses in others. The demagogue doesn’t mind temporary verbal attacks on himself — even slander can delight him — because these attacks keep him in the headlines and in the public eye and may help increase people’s fear of him. Better to be hated and feared than forgotten! The demagogue grows fat on prolonged and confused discussion of his behavior; it serves to paralyze the people’s minds and to obscure completely the real issues behind his red herrings. If this continues long enough, people become fed up, they give in, they want to sleep, they are willing to let the big “hero” take over. And the sequel can be totalitarianism. As a matter of fact, Nazism and Fascism both gambled on the fear of Communisim as a means of seizing power for themselves. What we have recently experienced in this country is frighteningly similar to the first phase of the deliberate totalitarian attack on the mind by slogans and suspicions. Violent, raucous noise provokes violent emotional reactions and destroys mental control. When the demagogue starts to rant and rave, his outbursts tend to be interpreted by the general public as proof of his sincerity and dedication. But for the most part such declarations are proof of just the opposite and are merely part of the demagogue’s power-seeking energy.
There is in existence a totalitarian “Document of Terror” which discusses in detail the use of well-planned, repeated successive WAVES OF TERROR to bring the people into submission. Each wave of terrorizing cold war creates its effect more easily — after a breathing spell — than the one that preceded it because people are still disturbed by their previous experience. Morale becomes lower and lower, and the psychological effect of each new propaganda campaign becomes stronger; it reaches a public already softened up. Every dissenter becomes more and more frightened that he may be found out. Gradually people are no longer willing to participate in any sort of political discussion or to express their opinions. Inwardly they have already surrendered to the terrorizing dictatorial forces.
We must learn to treat the demagogue and aspirant dictator in our midst just as we should treat our external enemies in a cold war — with the weapon of ridicule. The demagogue himself is almost incapable of humor of any sort, and if we treat him with humor, he will begin to collapse. Humor is, after all, related to a sense of perspective. If we can see how things should be, we can see how askew they can get, and we can recognize distortion when we are confronted with it. Put the demagogue’s statements in perspective, and you will see how utterly distorted they are. How can we possibly take them seriously or answer them seriously? We have important business to attend to — matters of life and death both for ourselves as individuals and for our nation as a whole. The demagogue relies for his effectiveness on the fact that people will take seriously the fantastic accusations he makes; will discuss the phony issues he raises as if they had reality, or will be thrown into such a state of panic by his accusations and charges that they will simply abdicate their right to think and verify for themselves.
The fact is that the demagogue is not appealing to what is rational and mature in man; he is appealing to what is most irrational and most immature. To attempt to answer his ravings with logic is to attempt the impossible. First of all, by so doing we accept his battling premises, and we find ourselves trapped in an argument on terms he has chosen. It is always easier to defeat an enemy on your own ground, and by choosing your own terms. In addition, the demagogue either is, or pretends to be, incapable of the kind of logic that makes discussion and clarification possible. He is a master at changing the subject. It is worse than criminal for us to get ourselves involved in endless, pointless, and inevitably vituperative arguments with men who are less concerned with truth, social good, and real problems than they are with gaining unlimited attention and power for themselves.
In their defense against psychological attacks on their freedom, the people need humor and good sense first. Consistent approval or silent acceptance of any terror-provoking strategy will result only in the downfall of our democratic system. Confusion undermines confidence. In a country like ours, where it is up to the voting public to discern the truth, a universal knowledge of the methods used by the demagogue to deceive or to lull the public is absolutely necessary.
The Trial as an Instrument of Intimidation
Man’s suggestibility can be a severe liability to him and to his democratic freedom in still another important respect. Even when there is no deliberate attempt to manipulate public opinion, the uncontrolled discussion of legal actions, such as political or criminal trials, in newspaper headlines and in partisan columns helps to create a collective emotional atmosphere. This makes it difficult for those directly involved to maintain their much-needed objectivity and to render a verdict according to facts rather than suggestions and subjective experiences.
In addition, any judicial process which receives widespread publicity exerts mental pressure on the public at large. Thus, not only the participants but the entire citizenry can become emotionally involved in the proceedings. Any trial can be either an act of power or an act of truth. An apparently objective examination may become a weapon of control simply by the action of the suggestions that inevitably accompany it. As an act of power by a totalitarian government, the trial can have frightening consequences. The Moscow purge trials and the German Reichstag fire case are prime examples.
We do not, of course, have such horrifying travesties on justice in this country, but our tendency to turn legal actions into a field day for the newspapers, the radio, and television weakens our capacity to arrive at justice and truth. It would be better if we postponed discussion of the merits of any legal case until after the verdict was in.
As we have already seen, any man can be harassed into a confession. The cruel process of menticide is not the only way to arrive at this goal; a man can be held guilty merely by accusation, especially when he is too weak to oppose the impact of collective ire and public opinion.
In circumstances of abnormal fear and prejudice, men feel the need for a scapegoat more strongly than at other times. Consequently, people can be easily duped by false accusations which satisfy their need to have someone to blame. Victims of lynch mobs in our own country have been thus sacrificed to mass passion and so have some so-called traitors and collaborators. In public opinion, the trial itself becomes the verdict of “guilty.”
The Congressional Investigation
Let me first state that I firmly believe that the right of the Congress to investigate and to propose legislation on the basis of such investigation is one of the most important of our democratic safeguards. But like any other human institution, the Congressional right to investigate can be abused and misused. The power to investigate may become the power to destroy — not only the man under attack, but also the mental integrity of those who, in one way or another, are witnesses to the investigation. In a subtle way, the current wave of Congressional investigations may have a coercive effect on our citizenry. Some dictatorial personalities are obsessed with a morbid need to investigate, and Congressional investigations are made to order for them. Everybody who does not agree with them, who does not bow low and submit, is suspect, and is subjected to a flow of vilification and vituperation. The tendency on the part of the public is to disbelieve everything that the demagogue’s opponents say and to swallow uncritically the statements made by those who either surrender to his browbeating or go along with it because they believe in the aims he pretends to stand for.
PSYCHOLOGICALLY, IT IS IMPORTANT TO UNDERSTAND THAT THE SIMPLE FACT OF BEING INTERVIEWED AND INVESTIGATED HAS A COERCIVE INFLUENCE. As soon as a man is under cross-examination, he may become paralyzed by the procedure and find himself confessing to deeds he never did. In a country where the urge to investigate spreads, suspicion and insecurity grow. Everybody becomes infected with the feelings of the omnipotence of the inquisitor. Wire tapping, for instance, has the same power; it is grasping the secrets of others.
In psychological circles a good deal of attention is now being given to the impact of interviews and interrogations on people. The psychological interviewer himself must be aware of the various interpersonal processes involved in this kind of communication; if he is not, he will not be able to find out where the truth lies. Instead he will get answers which are implicit in his own questions, answers which may have little relation to the real truth. This does not happen only in cases where both the interviewer and the man he is interviewing show bad faith. It can happen despite their best intentions. For everybody brings to an interview the sum total of all his earlier interpersonal relationships. In the initial verbal “trial and error,” during what we could call the smelling-out period, each party mobilizes himself to find out what the other party expects and where his weaknesses are and, at the same time, tries to hide his own weaknesses and emphasize his own strengths. The man in the street who is suddenly interviewed tends to give the answer he thinks his questioner expects.
Every conversation, every verbal relationship repeats, at least to some degree, the pattern of the early verbal relationships between the child and its parents. To a man or woman under investigation, the interrogator becomes the parent, good or bad, an object of suspicion or of submission. Since the interrogator himself is often unaware of this unconscious process, the result can be a confusing battle of unconscious or half-conscious tendencies, in which the spoken words are often merely a cover for suspicion-laden conversation between deeper layers of both personalities.
All people who are systematically interrogated, whether in a court, during a Congressional inquiry, or even when applying for a job or having a medical examination, feel themselves exposed. This very fact in itself provokes peculiar defensive mental attitudes. These attitudes may be useful and protective, but at times they may be harmful to the individual. When a man is looking for a job, for example, he may become overeager, and in his zeal to “make a good impression” to “put his best foot forward,” he may make a bad impression and arouse suspicion. For it is not only what we say but the way we say it that can indicate our honesty and poise. Nervous sounds, gestures, pauses, moments of silence or stuttering may give us away. Aggressive zeal may seduce us into saying too much. Inhibition may prevent us from saying enough.
The defendant in a court action or in an inquiry is defensive not only about the accusations leveled against him or the questions he has to answer, he is even more defensive about his own unconscious guilt and about his doubts about his own capabilities. Many of my colleagues in medicine and psychiatry who have been called as expert witnesses in legal actions have told me that the very moment they were under cross-examination, they felt themselves on trial and nearly convicted. Cross- examination seemed to them often less a way of getting at the truth than a form of emotional coercion, which did a great disservice to both the facts and the truth. This is the reason that every kind of investigative power can so easily become a coercive power. Making witnesses and defendants suffer from acute stage fright can be a nasty weapon of totalitarianism.
Because psychologists and psychiatrist appreciate these facts, there is now a strong tendency in these circles to use what we might call a passive technique in interviewing. When the interviewer’s questions are not directed toward any specific answer, the man being questioned will be encouraged to answer on his own initiative, out of his own desire to communicate. The neutral question, “What did you do afterwards?” provokes a freer and more honest response than the question “Did you go home after that?”