Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
Mental powers that may be sufficient to enable a man to work and live in
conformity with the law in one social position may be quite inadequate to
enable him to support himself in another. There are men holding positions
and discharging the duties required of them to the satisfaction of their
employers, who would sink to a very low level if cast adrift. Any fixed
standard of mental capacity is irrational, since it leaves out of account
the conditions under which the person examined has to live. The question
is: Is the person by reason of mental defect unable to bear the stress of
life under the social conditions in which he is placed? Is he fit to take
care of himself and abstain from offending against the laws?
Whatever may be the view of lawyers on the matter, no business man expects
the same conduct from a boy as from a man; nor will he trust a young man
to the same extent as an old man. The younger man may possess more
knowledge, but there is a difference between knowledge and experience, and
a man may know right from wrong without having the experience of life that
enables him to discount his passions and follow his knowledge. A person
who is mentally defective, and who has the additional misfortune to be
born into a family of poor people and brought up in a slum, if he
transgress the law can only be dealt with as though he were as fully
endowed as his neighbours. If he is not mentally unsound to such a degree
as to justify his certification as insane, there is only the prison for
him; with the prospect of hardships on liberation and imprisonment when he
offends, till he is sufficiently mad, or his record and his condition
combined are bad enough, to enable him to be placed under the treatment
he ought to have received from the first.
This is not necessarily the fault of those who administer the laws. The
police are not justified in permitting offences to be committed; and
whether the person who offends is sane or mentally defective it is their
duty to arrest him. The medical men who may see him can only certify if
they find him insane from their examination of him. Even if he is sent to
an asylum the medical superintendent cannot detain him if his condition
improves so far that he behaves sanely there; and out he goes to the old
struggle that he is quite unfit to face, with no one to help him or to
exercise authority over him when he has a wayward turn.
Public-domain text, read in full here on John Shaqi.
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