The one hope of enlightened progress in dealing with the problem of
crime is the overthrow of the county jail system. To this end we must
direct our energy. With the State once in command, there can be no
question but it will find a way to right the wrong and remedy the
evils which inhere in the present organization and management of minor
prisons.
MENTAL DEFECTS AND DELINQUENCY
WM. HEALY, M. D.
Director, Juvenile Psychopathic Institute, Chicago
Reasons for the abundant ineffectiveness in the treatment of the
criminal are to be found in the historical development of the
situation. His case is handled by court procedure evolved, almost
wholly, from legal precedent and consisting of rules which appertain,
as it were, to a definite contest. As the result of this evolution it
has come about that even modern criminal procedure in several respects
fails to apply well established scientific knowledge and so lags far
behind the dictates of common sense.
It may be that the experiential wisdom of the ages, crystallized into
modern law, serves well enough as the setting for criminal trials in
which there is much presumption of innocence, as well as for civil
cases, although in this hour of testing mental capacities even some
points here seem doubtful. But what shall we say about the trial of
recidivists, those repeaters who make up the costly and dangerous
class, the confirmed criminals? If there is anything clear about
the matter to the man in the street it is that certain facts either
purposely avoided in court procedure, such as inadmissible evidence,
or not brought out on account of incomplete examination into the case
are frequently most important for decision from the standpoint of the
welfare of society and indeed often of the defendant’s own well-being.
The fact that the defendant has been convicted of crime and perhaps of
this particular type of crime before, that he has mental peculiarities
or physical infirmities that make him specially liable to commit crime,
that he comes from a family in which mental deficiency is inherited
or the criminalistic tendency is rampant--these points among others
are not only of scientific import, but seem clearly germane and most
valuable for deciding what ought to be done with him.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account