But let us assume that we have succeeded in convincing those concerned
of the genuineness of the disease at hand; what line of treatment should
be recommended? In the first place, we must remember that the mental
disorder, if it belongs to the group we are discussing here, is the
result of a criminal act, and following in its wake, and that therefore
the plea of insanity as an excuse for the deed must manifestly be
excluded. But may not this type of reaction furnish us an index to the
original personality of the culprit? In other words, should we consider
an individual absolutely normal, if, in reaction to some stressful
situation, he breaks down mentally and develops a psychosis? The
majority of authorities maintain that these individuals are decidedly
abnormal, and that it is only a poorly-knit organism which permits of
that sort of reaction. Birnbaum,[3] for instance, insists that the
possibility of a psychic incitation of a mental disorder is the
criterion of a degenerative soil. This is undoubtedly too extreme a
view, but the more one observes these cases, the more one is inclined to
hesitate in calling these individuals normal in the accepted sense of
the term. Let us assume for the moment that these psychotic reactions
are indices of an abnormal personality. Is this defect of sufficient
import to render the individual irresponsible in the eyes of the law?
This question, I fear, cannot be answered very readily. Looking at it
from a purely juridical standpoint, we must say no; because an
individual is so loosely organized as to break down mentally under a
given stress, does not at all imply that a knowledge of the difference
between right and wrong is excluded. The jurist is willing to concede to
the proposition of a poorly-organized nervous system, a degenerative
make-up, a psychopathic constitution; but if these defects are such as
to manifest themselves in crime, society must be given the inalienable
right to protect itself from such defectives. The result is that either
no extenuating circumstances are considered at all, and the individual
is dealt with in the ordinary way, or he is adjudged insane and
committed to a hospital for the criminal insane, whether or no insanity
exists at the time of trial. Thus we have on the one hand a prison
population which more properly belongs under the régime of a hospital,
while on the other hand, we insist on keeping individuals locked up in
hospitals for the insane, whether or no they show actual psychotic
symptoms. If one of the latter class endeavors to obtain his release by
habeas corpus, a tremendous howl is immediately raised by the public
about the "insanity dodge", the worthlessness of expert testimony and
the unpardonable offense of letting loose upon society a dangerous
criminal. If we stop to consider for a moment, we must admit that in the
great majority of instances, we are not dealing here with dangerous
criminals. The man who as a result of a series of overwhelming
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