In the present state of our laws and customs, delinquency is the one
means by which we are able to get hold of a certain type of mental
defective and provide for him as he should be provided for. Many of
these feebleminded of the moron type come from homes or have attained
to such an age or position that we have no way of getting hold of them
until they do some wrong and come under the head of delinquents. But
when that has happened and we have them where we can prescribe for
them, it is worse than folly for us to let them go and turn them back
into their former environment where they must only repeat the offense
or even commit a worse one.
We must have enough institutions or colonies for the feebleminded to
care for all the feebleminded delinquents at least. As it is today,
even under the best conditions, many a judge recognizes mental defect
in the cases that come before him and would gladly send the child to
an institution for the feebleminded, but there is no room, and so he
is compelled to utilize some makeshift which oftentimes is worse than
nothing at all.
But the broadest treatment of this topic must go farther back than the
question of what to do with these feebleminded persons who have already
become delinquent. We must consider the cause here as we are trying to
do everywhere in modern methods, and treat the cause rather than trying
to cure. In other words, the feebleminded person should be taken care
of before he becomes a delinquent. Here the first problem is diagnosis.
How shall we recognize this feebleminded child of high type, this moron
grade, as we now call them?
Until recently we have been more or less helpless in this matter,
but now we may say with perfect assurance that the Binet tests of
intelligence are entirely satisfactory and can be relied on to pick out
the mental defective at least up to the age of twelve years. The public
schools will be the clearing house for all these cases, they may there
be tested and their mental condition found out, and they can then be
cared for as condition leads. We have too long attempted to treat all
children alike, whether in the public school or before the courts. When
we have learned to discriminate and recognize the ability of each child
and place upon him such burdens and responsibilities only as he is able
to bear, then we shall have largely solved the problem of delinquency.
PLACING MISDEMEANANTS ON PROBATION
JAMES A. COLLINS
Judge of the City Court, Indianapolis, Indiana
In the city campaign of 1909 I pledged the people of the city of
Indianapolis that if elected judge of the city court, I would introduce
a probation system as a means of helping delinquent men and women. The
enactment of a law by the legislature of 1907, under which courts may
exercise the right to suspend sentence or withhold judgment in the
cases of adults, made possible the application of a probation system in
the administration of justice in circuit, criminal and city courts.
Public-domain text, read in full here on John Shaqi.
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