Deficiency and Delinquency: An Interpretation of Mental TestingMiner, James Burt
Science
Deficiency and Delinquency: An Interpretation of Mental Testing
Miner, James Burt
Children with mental disabilities; Juvenile delinquents; Mentally ill offenders; Psychological tests
An important advance in the legal definition of criminal responsibility
of deficients should be made by avoiding all subtle questions of
psychological analysis such as would be involved in deciding, for
example, under the New York statute whether the accused “was laboring
under such a defect of reason as not to know the nature and quality of
the act he was doing or know the nature of the act as wrong.” Obsolete
legal descriptions could easily be cleared away by adopting the
statement of the law suggested by the Committee of the Institute of
Criminal Law and Criminology for criminal responsibility and insanity.
In substance such a law would then state that the accused was mentally
deficient “so as not to be responsible ... for his acts or omissions at
the time when the act or omission charged was made.” The New York law
places an emphasis on knowledge which should be placed on will, only one
feature of which is an understanding of the situation.
4. What should be the aim in the care and control of deficients and
delinquents after diagnosis also depends upon a proper understanding of
the causes of these conditions. We have summarized some of the best and
most recent investigations in which a notable advance toward solving
this problem has been made by means of the correlation method. This has
proved to be a new and vigorous force for directing social progress. By
no other method have we approached so near the solution of the cause of
delinquency. It enables us to restate the problem of criminality as
mainly a problem in the treatment of a hereditary criminal diathesis in
which mental deficiency is the largest factor. These recent scientific
measurements have deprived neither the eugenist nor the euthenist of the
opportunity for service. There is plenty of congenial work to be done by
those whose sympathies may exaggerate the influence of heredity,
contagion, or training. As in the control of tuberculosis, so with the
diathesis of delinquency, some effect is produced by predisposition, by
training, and by external influences. Unless the present evidence,
however, is outweighed by improved data obtained in the future, the most
strategic point for attacking persistent delinquency is through the
relation to deficiency, with heredity holding the heights.
Public-domain text, read in full here on John Shaqi.
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