Most states already make some allowances in their criminal codes for the
defective and the insane. This is really an acknowledgment that the
activity of the human machine is governed by its make and environment.
The history of the treatment of the insane serves to show the
uncertainty of all man's theories as to punishment and responsibility.
Doubtless at a very early age in the history of man it was discovered
that there were people who acted so abnormally that they could not be
classified with the great mass. Such persons were supposed to be
possessed of devils or demons, and various incantations and practices
were used to drive the devils out. Failing in this they were put in
prison, loaded with chains or put to death because of their danger to
the community.
In other communities, however, insane persons were thought to be
possessed of special gifts. God had come nearer to them than to common
mortals, and they were seers or prophets endowed with a portion of the
divine power.
Either view of the problem is explainable by the lack of scientific or
exact knowledge that marks early societies. Still these societies relied
on punishments just as much as our present law-makers and enforcers,
possibly more, because presumably less enlightened. Further
investigation and experiences with the insane have convinced even the
most casual observer that they function somewhat differently from other
people; there is not the same certainty between stimulus and response.
What they will do and how they will act under given conditions cannot be
foretold with anything approaching the exactness that is possible with
the normal.
The origin of the insanity in many cases is clearly traceable: sometimes
to lesions; sometimes to illness; sometimes to the mode of life;
perhaps more is due to heredity than to any other cause. At any rate in
theory the civilized world has long since ceased to hold the insane
criminally responsible for their acts. This applies only to the clearly
insane. The border-line is impossible to find, and many cases are so
difficult to classify that there is often a doubt as to where the given
patient belongs. In times when the crowd is mad with the mob psychology
of hatred, people are impatient of insanity and do not care whether the
accused was sane or not at the time of the commission of the act. Many
insane are put to death or sentenced to long terms of punishments. Jails
and other penal institutions are constantly sorting their inmates and
finding many who were clearly insane at the time their sentences began.
Public-domain text, read in full here on John Shaqi.
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