But there is a fallacy in this dilemma, for it leaves out the
intermediate cases and types, where particular individuals are at
the same time mad and criminal. And even if it were a question of
madmen only, the logical consequence would not be to bar out
special asylums, for it seems clear that if ordinary madmen (not
criminals, that is, not the authors of dangerous actions) ought to
go to an ordinary asylum, criminal madmen, or madmen with a
tendency to commit dangerous or criminal actions, as well as those
who have committed them, ought to go to a special asylum for this
category of madmen. For, on the other hand, we constantly see
that administrative authorities which observe the same rules for
the seclusion of ordinary and criminal madmen do not prevent the
release of the latter, some time after the crime, when the
disturbance of mind and even the recollection of the deed are all
but effaced; and criminal madmen commit other violent or
outrageous excesses, very soon after they are left exposed to
their diseased tendencies.[21]
[21] M. Lunier, writing in 1881 of epileptics, and the method of
treatment and aid appropriate to them, says that of 33,000 known
epileptics in France, 5,200 only are in private or public asylums,
whilst 28,000 remain with their families. From these figures it
would appear very probable that these 28,000 epileptics left at
liberty commit crimes and offences.
It may be answered that it is sufficient to have <p 234>special
wings in ordinary asylums, which would also get over the
repugnance of families against the association of their quiet and
harmless patients with murderous and outrageous madmen. But
experience has already proved that these special wards do not work
well, for it is too difficult with the same staff to apply such
varied treatment and discipline as are necessary for ordinary and
criminal lunatics.
Fabret says that ``a so-called criminal, when he is seen to be
mad, should cease to be regarded as a criminal, and ought purely
and simply to resume his ordinary rights.''
But, in the first place, if a madman is distinguished from all
other inoffensive madmen by the grave fact of having killed, or
burned, or outraged, it is clear that he cannot ``purely and
simply'' return to the same kind of treatment which is given to
harmless lunatics.
The truth is that this argument applies to a large number of ideas
which science is continually weeding out, and which have proceeded
on the assumption that madness is an involuntary misfortune which
must be treated, and that crime is a voluntary fault which must be
chastised. It is evident on the other hand that crime as well as
folly, being the result of abnormal conditions of the individual,
and of the physical and social environment, is always a question
for social defence, whether it is or is not accompanied in the
criminal by a more or less manifest and clinical form of mental
malady.
Public-domain text, read in full here on John Shaqi.
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