"It is exactly as if, instead of forming colonies to which all
lepers are compelled to go and remain, we permitted them, after a brief
term in the hospital, to go where they please and to marry and produce
more lepers. The incorrigible criminal is worse than the leper because
he deliberately and purposely defies society and spreads his contagion.
It can hardly be questioned that the permanent segregation of the
professional criminal class would very greatly diminish crime, nor can
it be questioned that society has the right to adopt such a measure of
protection, nor that it would not be entirely practicable." (See Journal
of American Institute of Criminal Law and Criminology, April, 1912,
pp. 821 f.)
The only argument, and a very weighty one it is, which can be raised
against the foregoing proposition, is whether the incorrigible criminal
is sufficiently characterized by such unmistakable features as would
enable us to recognize him when we see him, and thus justify his
permanent isolation from the community. I believe he is, and the cases
here reported are fair representatives of that class. Another problem
which presents itself is: "Where shall we put the incorrigible
criminal?" If we agree that he owes his criminality to causes over which
he has no control and that the crime here is the outgrowth of a
degenerative personality, a personality which is distinctly abnormal,
it would seem that he belongs in a hospital rather than a penal
institution, but is this unequivocally so? It is unquestionably true
that these individuals are abnormal, that without actually being insane
they evidence from their earliest childhood a more or less distinct
deviation from the normal; they may therefore be considered as
"border-line cases," _i.e._, cases which deviate from normal man and
incline toward the insane through numerous gradations. As soon, however,
as their abnormality manifests itself in distinct incorrigible
antisocial tendencies, the right of society to protect itself from such
an element must be considered. When free from actual psychotic
manifestations (which very easily engraft themselves upon this
degenerative soil) these individuals do not belong in a hospital for the
insane. Here they serve only as a very troublesome and disturbing
element, and wield an undesirable influence over many easily
impressionable insane patients. They do not belong in a general penal
institution because of the very deleterious influence they exert on the
accidental but uncorrupted convict with whom they come in close contact
in these institutions. It is my opinion that these individuals, forming
as they do a distinct species of humanity, should be segregated into
colonies especially designed for them, where under proper medical
supervision, they should be made to earn their subsistence by means of
some useful occupation. It is very obvious that an indeterminate
sentence is the only rational way of approach to this problem and this
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