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
6. Shall the public authorities have the power to compel isolation and
special training at local or state schools? These powers have already
been provided by laws in a number of states. Thus far the law has not
outstripped scientific knowledge. How far the authorities should use
their discretion under these laws to force isolation is a question which
calls for the utmost good judgment on their part. In case the parents or
guardians of the socially deficient can be convinced of the desirability
of such isolation, this procedure is undoubtedly to be urged. When the
guardian has once consented to the isolation of his charge, he should
not be permitted to remove the individual from such care without the
consent of the proper public authority, which would of course be
reviewable in court. During this period of uncertainty as to the
prognosis of social deficiency, such a procedure would perhaps be
preferable to forced isolation in most cases, since the authorities
might be less troubled by the frequent annoyance of legal actions begun
by parents who had their children forcibly removed to institutions. In
some states unscrupulous attorneys have deliberately stirred up parents
to try to get back their children who had been taken away by force, thus
seriously interfering with the administration of laws for compulsory
isolation. Without the possibility of compulsory isolation of the
socially deficient for an indefinite time, we shall perpetuate the
disgraceful spectacle now observable in many states which cannot legally
prevent a feeble-minded parent removing a feeble-minded girl from an
institution to which she may be brought back a few years later with one
or more illegitimate, feeble-minded children. Our legal omissions should
not thus handicap the wisdom of society. The 1917 codification of the
Minnesota laws relating to defective, delinquent and deficient children
should be seen by those who are interested in the legal aspects of these
questions. It was brought about by the Minnesota Child Welfare
Commission, of which Judge Edward F. Waite was chairman.
7. In case we suddenly segregate for life all those who are so deficient
that we are justified in isolating them, would that solve the problem of
delinquency for the next generation? Although this would be the most
important attack which could be made on the most important known cause
of delinquency, we must still answer that the results would hardly be
comparable with a jail delivery. There is nothing to be gained by
turning our backs upon the facts. Goring has estimated that 7.2% of the
male population of England and Wales commit crime before death. We could
not possibly suppose that more than 1% of the male population could be
justly isolated for deficiency. Even if all the deficients committed
crime, at least six-sevenths of the criminals in these countries, about
which we have the best means of estimating, are presumably individuals
who could not be isolated for deficiency.
Public-domain text, read in full here on John Shaqi.
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