Abstract

In 1902, the Calabrian brigand Giuseppe Musolino was tried on several counts of murder and many crimes of lesser magnitude. While the tale of the brigand’s 1898 false conviction, imprisonment, escape and then revenge sparked a national debate about the political and cultural meaning of brigandage, the trial came to focus on Musolino’s emotional state at the time of his crimes. Was he a cold-blooded and calculating killer who manipulated southerners into believing he was a folk hero? Or was he an angry, passionate and insane murderer victimized by his own feelings? Both jurists and scientists weighed in to determine his culpability. By turning a political question of banditry or brigandage into a psychological question of morbid or criminal emotions, the trial politicized the criminal character. This article examines the perspectives on emotions that shaped Musolino’s trial, and how psychiatric knowledge came to challenge legal notions of insanity and culpability. It argues that the determination of emotions as motives served to de-legitimize the rationale and political motives of the defendant, in turn politicizing his emotions and character. At the same time, the cause of Musolino’s crime and his culpability represented the failures of national unification and the ongoing tensions between the North and South of Italy. The introduction of psychiatric expertise into the criminal court pushed judgement and punishment to examine increasingly who a person was as opposed to what that person had done. The court’s definition of who a person ‘was’, was a matter of how that person felt.