What a curious maladjustment it seems that while all this acknowledged
social failure is in progress, and while there is this obvious
incompetency of legal methods in ascertaining adequate facts for
betterment of the situation, there should be so very little study
of where the trouble lies. In courts for adult offenders there is
almost no opportunity for unbiassed investigation of the individual
criminal. In the juvenile court, with its advantages of intimate
relationships established there, how can the judge from his short
examination determine even this question of the mental status of
the delinquent? Opinion on this subject in courts is formed by the
questionnaire method, which from a scientific standpoint, for various
reasons, is notoriously unsafe. Not only in court room procedure is
there inadequate investigation of the individual, but all through the
situation in regard to the handling of delinquents the same is true.
Nowadays when the value of efficiency bureaus is everywhere recognized,
it seems strange that this most business-like bit of work should not
have been taken up. The outlay is millions and hundreds of millions for
repression, but practically nothing for the study of how efficiently to
repress.
In the past the legal disposition of offenders with mental peculiarity
has very largely hinged on the question of criminal responsibility. Now
this question, especially in the case of high-grade mental defectives,
involves some pretty fundamental philosophical points and probably this
most dangerous class will never have its responsibility completely
standardized and determined. We have in sight no likelihood of finding
a test or criterion of the power of ethical discernment and control.
The best thinkers have finally relegated the whole problem to the
common sense of juries. But a much more profitable way of looking at
the matter is whether or not the individual is going to do it again,
whether he is going to become a recidivist, a menace to society, and
whether he is to breed progeny of the same ilk. The self-protection of
society is herein involved. Why should we not drop the technical and
hardly decidable question of criminal responsibility and the idea of
mere punishment, and take up the much more vital problem of how society
is to protect itself?
Public-domain text, read in full here on John Shaqi.
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