Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
There seems to be a widespread opinion that all criminals and offenders
are more or less insane, but those who hold it have nothing to say in
support of their view save that they cannot understand how certain crimes
could be committed by any sane person. This is to beg the whole question,
which is, how many persons who are charged with committing offences are
found on examination to be unsound mentally?
Insanity has never been satisfactorily defined, but it is a term which in
the legal sense connotes irresponsibility. Yet if all insane persons had
no sense of responsibility it is difficult to imagine how they could be
suffered to live. Even in lunatic asylums the great majority of the
inmates can be induced to behave in such a way as to make it unnecessary
to tie them up. They have a very large amount of liberty conceded to them
without serious inconvenience to their neighbours and greatly to their own
advantage. If they simply did what any stray notion impelled them to do
this would not be possible. Their affliction frees them from
responsibility to the law for their actions; but in practice they have to
show by their conduct that they can and will obey the rules of the
institution in which they are placed before it is safe or reasonable to
let them go freely about in it. The physician does not demand from them
better conduct than their mental condition warrants him in expecting; but
they learn, in so far as they are capable of learning, that their own
actions will determine the degree to which they will be free from
interference, and that the necessary result of misconduct will be
increased restraint. Only in so far as they show a sense of responsibility
is it safe to allow them to be free from supervision. A person may suffer
from such a degree of mental unsoundness as will free him from
responsibility for his actions in the eyes of the law, and yet be able to
conform to the rules laid down for the guidance of his life by an asylum
superintendent.
Public-domain text, read in full here on John Shaqi.
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