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-The Project Gutenberg eBook of The Review, Vol. 1, No. 6, June 1911,
-by Various
-
-This eBook is for the use of anyone anywhere in the United States and
-most other parts of the world at no cost and with almost no restrictions
-whatsoever. You may copy it, give it away or re-use it under the terms
-of the Project Gutenberg License included with this eBook or online at
-www.gutenberg.org. If you are not located in the United States, you
-will have to check the laws of the country where you are located before
-using this eBook.
-
-Title: The Review, Vol. 1, No. 6, June 1911
-
-Author: Various
-
-Release Date: October 1, 2022 [eBook #69086]
-
-Language: English
-
-Produced by: Franciszek Skawiński and the Online Distributed
-             Proofreading Team at https://www.pgdp.net (This book was
-             produced from images made available by the HathiTrust
-             Digital Library.)
-
-*** START OF THE PROJECT GUTENBERG EBOOK THE REVIEW, VOL. 1, NO. 6,
-JUNE 1911 ***
-
-
-
-
-
-
-TRANSCRIBER’S NOTE
-
-Obvious errors and omissions in punctuation have been fixed.
-
-Any inconsistencies in spelling have been retained.
-
-Table of contents was created by the transcriber and is hereby placed 
-in the public domain.
-
-
-
-
-  VOLUME I, No. 6.      JUNE, 1911
-
-  THE REVIEW
-
-  A MONTHLY PERIODICAL, PUBLISHED BY THE
-  NATIONAL PRISONERS’ AID ASSOCIATION
-  AT 135 EAST 15th STREET, NEW YORK CITY.
-
-  TEN CENTS A COPY.      SEVENTY-FIVE CENTS A YEAR
-
-  E. F. Waite, President.
-  F. Emory Lyon, Vice President.
-  O. F. Lewis, Secretary and Editor Review.
-  E. A. Fredenhagen, Chairman Ex. Committee.
-  James Parsons, Member Ex. Committee.
-  A. H. Votaw, Member Ex. Committee.
-  G. E. Cornwall, Member Ex. Committee.
-  Albert Steelman, Member Ex. Committee.
-
-  CONTENTS      Page
-  The National Conference                  1
-  Report of Committee on Lawbreakers       2
-  The Suppression of Moral Defectives      7
-  The Abolition of the Jail                8
-  Mental Defects and Delinquency           9
-  Treatment of the Mental Defective 
-      who is also Delinquent              13
-  Placing Misdemeanants on Probation      14
-
-THE NATIONAL CONFERENCE
-
-
-The national conference of charities and correction was held in
-Boston from June 7 to June 14. The committee on lawbreakers had the
-opening session, on Wednesday. Three section meetings were held by the
-committee during conference week.
-
-The REVIEW prints in this issue many of the papers prepared for the
-sessions of the “lawbreakers,” as they were facetiously called. Other
-papers will be printed next month. This is a small monthly, and some
-papers have been crowded out.
-
-The keynotes of the “lawbreakers” sections were: (1) Need for the
-abolition of local and county jails as prisons for convicted offenders
-and the establishment in their places of state district workhouses
-or houses of correction; (2) full and impartial consideration by the
-national conference of the problem of prison labor; (3) more rational
-and adequate treatment of the mentally defective delinquent; (4)
-the imperative need of a change in our treatment of misdemeanants,
-especially vagrants, inebriates and offenders under the age of 21; (5)
-the necessity of standardizing the methodology of probation work; (6)
-the need of far greater organization of parole work; (7) the necessity
-of developing crime statistics and statistics regarding offenders so
-that records may be of real value.
-
-Many other notes were struck. The spirit of the sessions was
-optimistic, but questions and comments were frank and searching.
-
-The committee on lawbreakers has a very definite place on the program,
-even though, as this year, the name of the committee may be changed,
-the committee for 1912 being called “committee on courts and prisons.”
-
-During the conference strong sentiment was developed in accord with
-the recommendation of the committee on lawbreakers that prison labor
-be made an important part of the program of the conference for 1912.
-It was stated by members of the committee on organization of the
-conference that the matter was thoroughly discussed in the committee,
-and that the understanding was that the title of the committee for
-1912 admits of the introduction of this subject at the next national
-conference. It remains now for the members of the committee on courts
-and prisons to see that this subject is placed on the program.
-
-The conference as a whole was characterized by the excellence of
-the papers, the fundamental nature of the topics discussed, the
-high-water mark in attendance reached, and the hospitality of Boston’s
-representatives at the conference. Year by year the conference departs
-more from the technical discussion of institutions and methods,
-concerning itself increasingly with the problem of the general
-improvement of social conditions. The next conference will be held in
-Cleveland, Ohio, in 1912.
-
-
-
-
-REPORT OF COMMITTEE ON LAWBREAKERS
-
-National Conference of Charities and Correction, O. F. Lewis, General
-Secretary of New York Prison Association, Chairman.
-
-
-The Committee on Lawbreakers presents to the National Conference of
-Charities and Correction a partial survey of needs not yet met in
-the field of the treatment of the delinquent. In October, 1910, the
-eighth international prison congress met for the first time on American
-soil. Never before had this country been under so comprehensive or so
-discriminating a scrutiny by foreign criminologists. As one newspaper
-man put it: “The world’s spot-light was turned on American prisons and
-American treatment of prisoners.”
-
-In April, 1911, Sir Evelyn Ruggles-Brise, the Chairman of the English
-prison commission, and president-elect of the next international
-prison congress of 1915, reported to his government. He commended in
-general American state prisons and reformatories, but condemned the
-systems, or lack of systems, in vogue in city and county jails. “Among
-the jails,” he stated, “many features linger such as called forth the
-wrath of John Howard, the great English philanthropist, noted for his
-exertions on behalf of prison reform at the end of the 18th century.
-Promiscuity, unsanitary conditions, absence of supervision, idleness
-and corruption--these remain features in many places,” says the report.
-“Until the abuses of the jail system are removed, it is impossible,”
-concludes Sir Evelyn, “for the United States to have assigned to her by
-general consent a place in the vanguard of _la science penitentiaire_.”
-
-This is not pleasant reading, yet the question with us tonight is not
-whether this criticism makes us as Americans pride-sore, but as to the
-truth of this friendly but stinging criticism. On our program this
-evening we have a distinguished gentleman, son of the eminent American
-founder of the international prison congress, who will testify that the
-English comments of Sir Evelyn are mild as compared with the American
-reality.
-
-Rome was not built in a day. As in Chicago you find still in immediate
-context the mansion and the hovel, we have, in our treatment of
-delinquents, in close juxtaposition the prison and the jail, the
-reformatory and the workhouse, children’s courts and lynch law,
-probation and short term sentences, the indeterminate sentence and
-industrial prison idleness, parole and definite sentences, prison
-hospitals for tuberculosis and jail pens for syphilis-infected tramps.
-Civic pride in great modern prisons exists side by side with civic
-indifference as to filthy lock-ups or town jails.
-
-At the beginning of the second decade of the twentieth century--the
-century of hoped-for social justice--let us face frankly certain
-problems yet unsolved in the treatment of delinquents. Far from
-feeling that we have reached the thumb-twiddling stage of complacent
-satisfaction, let us see where our methods still break down.
-
-First, _the local and county jails_. Not stopping with the remark of
-Thomas Holmes at the international prison congress that “every jail
-I saw on the American trip ought to be wiped off the face of the
-earth,” and that nowhere in Europe do such conditions exist, we find
-Professor Charles R. Henderson as chairman of a special committee
-of the American Prison Association of Chicago in 1907, uttering a
-scathing arraignment of revolting and demoralizing jail conditions.
-We find Frederick H. Wines more recently in Maryland arraigning jail
-conditions in many parts of the country. We find Warren F. Spalding of
-Massachusetts writing in the Sage Foundation volumes on Correction and
-Prevention about the jail friendships that make of the novice a life
-long criminal, of the contamination of women prisoners, the herding of
-juvenile offenders with adults, the dearth of attention to physical
-conditions in jails, the deplorable lack of proper ventilation, the
-ravages of disease among jail inmates and the absence of that rigid
-vigilance without which the ordinary jail cannot be kept in a sanitary
-condition; overcrowding, night buckets, monotony, filth, poorly cooked
-or tainted food, unconvicted prisoners and convicted prisoners in
-unrestricted communication, the fee system, local inattention to the
-fundamental principles of penology.
-
-The case against the average jail seems proved. Has not the time come
-to make a general national campaign against this “school of crime?”
-
-Mr. F. G. Pettigrove of Massachusetts dissents from the above
-statements regarding jails as follows:
-
-“I do not approve the unqualified general denunciation of jails. Nobody
-who is familiar with the Massachusetts jails would make such an attack
-upon them as is implied by the form of the reference to that subject.”
-
-_Prison Labor._ Prison labor is an unsettled problem; one that we
-must face; a problem complicated by local and state conditions, and
-one in which the motives of men and even communities have often been
-impugned. Scanning the titles of papers read at the national conference
-of charities and correction during the last decade, we have found only
-in the committee report by Mr. Whittaker in 1908 and in the paper of
-Dr. James H. Leonard, Superintendent of the Ohio State Reformatory,
-definite and extended treatment of the prison labor problem, this
-fundamental problem of penology.
-
-Has the problem been solved? Are prisoners everywhere earning their
-maintenance? Has any one system proved satisfactory? Is there general
-consensus of opinion that the prisoner shall not be utilized for
-private gain? Is there no demoralizing idleness in so-called model
-prisons? Is there no high tension labor in so-called model prisons?
-
-No, prison labor has not reached a satisfactory solution when we can
-still cite a recent article of Dr. A. J. McKelway in Volume II. of
-“Correction and Prevention” regarding prison labor in the South: “The
-leasing of convicts whether to corporations or individuals, is a system
-that has been abolished by some of the southern states, but which still
-prevails in some of the states, accompanied as it always has been with
-indefensible abuses (p. 72). I make bold to affirm that such abuses as
-were found to exist in Georgia will be found to exist in a greater or
-less degree in every state where the leasing system still prevails.”
-
-We learn that in Alabama even the wardens and the guards are employed
-by the contractors. We find that in Ohio in connection with the
-discontinuance of contract labor and the development of the State use
-system the state penitentiary was plunged into the most deplorable
-idleness. We find in Pennsylvania an archaic legal compulsion to
-utilize only hand power machinery, and but thirty-five per cent of
-the prisoners at any one time. We find under the present status of
-the state use system in New York that the State prisoners earn only
-about one-fourth of the cost of their maintenance, and a nominal sum
-of not more than 2c. a day, which earnings can be radically reduced by
-fines. We find loud protests in Rhode Island because the State lets the
-services of able bodied prisoners to contractors at 30c. a day, and we
-find in Maryland under the contract system a penitentiary which is said
-to have returned to the State treasury in 1910 a surplus of thirty-five
-thousand dollars from the earnings of prisoners, while the over time
-work earned for the prisoners themselves $41,928. We find the Detroit
-House of Correction on the State account system earning a profit in 11
-years of $368,000, paying its prisoners from ten to twenty-five cents
-a day wages, and planning to distribute to the families of prisoners,
-through the city poor master, $15,000 during the year 1911 in addition
-to the surplus which it expects to turn over to the city. We find
-the Minnesota State prison under the State account system making the
-following report for the last ten years:
-
-  Total earnings       $2,210,880
-  Total expenses        1,199,248
-                      -----------
-    Excess of earnings $1,011,632
-
-The binder twine plan in the ten years has made a profit of $1,653,290,
-of which $352,553 was paid to the support fund for convict labor.
-Quoting again from Dr. McKelway, we learn that in Texas the convicts
-are worked on the leasing, contract, public account and public works
-system. “But a legislative investigating committee has recently
-discovered horrible abuses in all these systems. A number of convicts
-were found who had been literally beaten to death during the last year
-(1909) and the prisoners seemed to dread the prison farm as much as
-work within the prison wall, if not more.”
-
-We find Warden Gilmour of the Toronto Central prison stating that
-on the prison farm of that institution the inmates work cheerfully
-and without guards. And so, ladies and gentlemen, your Committee on
-Lawbreakers respectfully suggests that the general subject of prison
-labor, in its various phases, be made the chief subject of this
-committee at the next national conference. Prison labor is not simply
-an administrative problem; it is an industrial problem and a health
-problem, and concerns vitally the training and efficiency of scores
-of thousands who, leaving prison, are potential subjects for charity
-of a public or private nature. It is a vital problem for the national
-conference of charities and correction as well as for the American
-prison association. The problem of the proper utilization of prisoners
-is a fundamental problem in every American state.
-
-The fact that a separate organization, the National Committee on Prison
-Labor, has been established to study the prison labor problem, and the
-further fact that the newspaper and magazine press has manifested much
-interest in the field which this committee occupies, are evidences of
-the extent and importance of the field.
-
-Frank L. Randall, General Superintendent of the Minnesota State
-Reformatory and a member of the Committee on Lawbreakers, makes the
-following suggestion:
-
-“If the recommendation of the Committee on Lawbreakers be adopted to
-make the subject of prison labor a feature of the next conference the
-leaders of organized labor should be invited to participate. We should
-ask the labor representatives, if they urge the state use plan, to
-concede to the prisons the field, so far as the products are paid for
-with public funds.”
-
-
-_The Treatment of Defective Delinquents._
-
-There are undoubtedly thousands of feeble-minded persons in
-correctional institutions. In recent annual reports, of Elmira
-Reformatory, it has been stated that about 35% of its inmates
-are mentally defective. The presence of the feeble-minded is a
-detriment to many plans that have been adopted for the instruction
-and training of prisoners. The complete exclusion from the ordinary
-prison of persons afflicted with tuberculosis has improved the
-healthfulness of those prisons and has also supplied a better and more
-hopeful means of treatment for the unfortunate sufferers. The same
-treatment--segregation--should be applied to all those to whom special
-treatment would be a benefit, or whose ailments are of such a nature
-as to endanger the welfare of others. Dr. Henry E. Goddard of Vineland
-estimates that 25% of delinquents are mentally defective. “All mental
-defectives would be delinquents,” he states, “in the very nature of
-the case, did not some one exercise some care over them. The mentally
-defective must be cared for as we care for irresponsibles.” Mr. Ernest
-K. Coulter, for many years clerk of the Children’s Court of Manhattan
-and Bronx, New York City, states his belief that the most important
-step to be taken by the state in its slow abandonment of antiquated
-methods of dealing with child offenders and victims of bad environment
-and neglect must be the establishment of institutions for the special
-treatment of the mental defectives of this class. In the great state
-of New York, there is no special custodial institution to which the
-criminal feeble-minded can be committed and transferred. So important
-is this matter, that it has been made the subject of one of the section
-meetings of this Committee on Lawbreakers.
-
-_Parole._ The principle of parole is a fundamental complement to the
-principle of the indeterminate sentence. Its successful application
-requires an efficient merit system within the prison, a competent
-parole board and adequate supervision of the post-prison parole period,
-the co-operation of the employment giving public, and the persistent
-following up, recapture and reimprisonment of wilful violators of
-parole.
-
-Only in a most general way do we yet know the results of the
-administration of parole systems in the country. We find a general
-belief based on long experience and some careful study of prison
-statistics, that about 75% of paroled persons from reformatories or
-prisons “stay straight” during the parole period. We still lack any
-study of sufficient magnitude to admit of generalization in the case
-of any state as to the proportion of criminal recidivism _after_ the
-parole period. The New York Prison Association will shortly make public
-an extended study of the careers of seven hundred inmates of Elmira
-Reformatory, yet this number, though intensively studied, will be too
-small for any comprehensive generalization but will rather indicate
-both a statistical method of study of criminal careers and the great
-inadequacy of present institutional or extra-institutional social facts
-and social statistics of delinquents.
-
-As regards post-prison treatment and aid of the released or discharged
-prisoner, we find Amos W. Butler in Volume II of the Sage Foundation
-series on “Correction and Prevention” reporting that only about 24
-organizations exist throughout this country for this purpose, though
-several of these societies spread their activity through a number of
-states. We find also very varying periods of parole, some of six months
-as at Elmira, some of seven months, as at Huntington, Pa.; nine months,
-as at the Illinois State Reformatory, or until the expiration of the
-maximum sentence, as at Concord, Mass., or at Bedford, or Albion in
-New York. We find in Mr. Butler’s study state after state recorded as
-follows: “State makes no effort to find work or keep in touch with
-prisoner after his discharge;” “no provision for aftercare of either
-paroled or discharged prisoners;” “no parole officers;” “no parole
-agents;” “no provision for finding work or for visiting prisoners,”
-etc., etc.
-
-A prominent eastern reformatory superintendent recently said: “Why
-spend nearly two hundred dollars annually to maintain one inmate in a
-reformatory, and then spend only $1.50 per inmate during his period of
-parole to help him not to go wrong?” This committee on lawbreakers
-believes that the parole period of an offender is barely second in
-importance to the period of imprisonment. The poorly supervised
-parole period breeds recidivism, contempt for law, the alienation of
-the sympathy of judges, the irritation and criticism of the public,
-unintelligent scorn for reformatory methods, and immense ultimate cost
-to the state in further loss of property or life.
-
-_The Probation Movement_, long known and developed in Massachusetts,
-has during this last decade made great national progress. Nevertheless
-the probation movement faces grave dangers. It is on the defensive.
-The methodology of probation is still in the experimental stage.
-More important than the extension of the system is the building up
-of an effective technique. In too many places probation is still
-synonymous either with sentimental leniency or with perfunctory police
-surveillance. The most essential factors in probation work are the
-educative, reformatory and reconstructive work represented by home
-visitation, the development of right mental habits and the rendering of
-practical assistance.
-
-The improvement of probation methods depends primarily upon the
-appointment of interested, faithful and competent probation officers.
-The tendency is strongly in the direction of increasing the number
-of public salaried probation officers. Although this tendency is
-inevitable and desirable, it brings in its trail the gravest danger of
-which the probation system must meet, namely the danger of appointments
-being made through the influence of partisan politics. Those interested
-in the probation system should therefore look squarely in the face the
-question as to how probation officers should be appointed; whether by
-judges without interference by any outside regulations or authorities;
-whether through civil service examination; whether upon the approval of
-some outside body such as a state probation commission, or whether the
-appointing power should be vested in authorities other than the judges,
-as in local non-partisan, non-sectarian committees or commissions.
-
-Ex-Attorney-General Julius M. Mayer dissents from the foregoing
-paragraph as follows:
-
-“I am opposed to the appointing power being placed in anybody except
-the judges, which, to my mind, leaves open only the question as to
-whether examinations should be competitive or non-competitive.”
-
-In a further letter Judge Mayer writes:
-
-“There cannot be any discussion as to who should appoint probation
-officers. It is absurd to say that any person outside of the judge
-should appoint. I personally should refuse, if a judge, to place
-anybody on probation if the probation officers were appointed by any
-one but the court or judge. As a matter of fact I doubt seriously
-whether in New York State there would be any legal power in any other
-body to make any such appointment. The suggestions, in this regard,
-are, to my mind, utterly absurd and unworthy of being dignified by
-being incorporated in our report.”
-
-A problem in administrative efficiency that must be worked out is the
-co-ordination of probation and parole systems. There seem no valid
-reasons why in general the same persons cannot do both probation and
-parole work in the same localities. At present parole supervision is
-usually exercised by persons who are not probation officers and often
-the parole officers are itinerant officers obliged to travel over wide
-areas. The effective supervision and aid of those on parole requires
-that those exercising the parole oversight shall confine their efforts
-to a comparatively limited area. The efficiency of parole service would
-undoubtedly be greatly strengthened in communities where it is not
-practicable to have special parole officers, if the parole work were
-entrusted to the local probation officers. This combination of work, if
-properly carried on, can be carried on with mutual advantage to both
-systems and without any detriment to either of them.
-
-_The Wives and Children of Prisoners._ The dependency of these often
-innocent victims of the delinquency of the breadwinner is closely
-allied to the problem of prison labor. Any plan is paradoxical that
-removes a breadwinner to prison idleness and leaves a despairing family
-to exist by charitable help or by the bounty of impoverished neighbors.
-The state having the right to protect itself from crime by imprisoning
-the offender, has also the duty to make work for him, first to pay for
-his own maintenance, and secondly, to contribute, so far as possible,
-to the maintenance of his family. No explanations of alleged necessary
-idleness, of lack of orders for prison goods, of political interference
-with extension of prison labor systems, or of the need of the payment
-of prisoners’ earnings to a tax-ridden state should prevail against
-the fact that the state or the political subdivision of a state owes
-to the stricken family the partial fruits of the toil of the prisoner
-and _must_ develop such a system of industry as will both make the
-prisoner self supporting and bring to his family some return for his
-labor. Inability to accomplish less than this is a confession of
-state-inefficiency that should not be tolerated and that invites the
-fullest scrutiny.
-
-_Farm Colonies._ The campaign for compulsory farm colonies for habitual
-tramps and vagrants has gained much impetus since 1907, when the
-problems of vagrancy were discussed in detail, at the Minneapolis
-national conference of charities and correction. In a half dozen
-states farm colony bills were introduced last winter, but none were
-passed. The press seems almost unanimous in favor of such colonies;
-public opinion is expressing even greater annoyance at the so-called
-“tramp-army.” Typical of the dissatisfaction with the present expensive
-and palliative treatment of vagrancy is the reiterated statement of
-the New York State Board of Charities that vagrancy costs the state
-of New York about two million dollars a year from public and private
-charitable funds.
-
-The time certainty seems at hand for a systematic campaign against
-the vagrancy evil. Drifting methods of alleviation and of passing-on
-constitute only an aggravation of the situation. Vagrancy and crime
-are closely akin. The Committee on Lawbreakers raises the question
-whether the movement partially organized several years ago for a
-national vagrancy committee should not at this session of the national
-conference be organized with the aim of furthering systematic methods
-for the reduction of vagrancy. A problem in European countries
-sufficiently serious to be called one of the most fundamental social
-problems deserves systematic and adequate attention in the United
-States where the problem is still in its earlier stages.
-
-Closely allied is the great problem of inebriety and its treatment. The
-special United States census of 1904 showed that 54% of all commitments
-to correctional institutions were due to intoxication, vagrancy and
-disorderly conduct. A special committee of this national conference
-of 1911 treats of this national question in a general session and in
-section meetings. The committee on lawbreakers emphasizes the pressing
-immediate need of state and national campaigns for the reduction of
-drunkenness and the rational treatment of the drunkard.
-
-_Prisoners’ Aid Societies._ Organized charitable work of private
-societies in the correctional field is woefully slight in comparison
-with the charity organization movement for the spread of the gospel
-of social service. There are hardly a score of active prisoners’ aid
-societies of fairly wide range in the United States. Yet the great
-movement for probation and parole, for better prisons and for better
-prisoners, for the help of released prisoners and for dependent
-families of prisoners, for the reduction of vagrancy and inebriety, for
-the better care of the mentally or physically defective delinquents,
-for better laws and greater public information--these great movements
-need the directing power of strong charitable organizations of the
-prisoners’ aid kind. The field of delinquency needs the same thorough
-development that in the last generation has been accorded to the field
-of charity. A national prisoners’ aid society was organized at the
-last meeting of the American Prison Association, to develop greater
-co-operation between the now existing prisoners’ aid societies and to
-extend the prisoners’ aid work. The national association publishes a
-monthly journal of sixteen pages called the Review.
-
-_American Criminology._ Tendencies in this country in the problems of
-the treatment of the criminal have been overwhelmingly administrative
-rather than analytical and academic. Our foreign guests in 1910 often
-remarked that we characteristically experimented and did things rather
-than debated and philosophized on the theories of criminology. The
-extravagance of sole adhesion to the former method is increasingly
-obvious, however, and has led, among other things, to the organization
-of the American Institute of Criminal Law and Criminology, a central
-body for the inculcation of more scientific methods for the treatment
-of the delinquent as well as for the extension of our knowledge of
-the criminal. A recent conference in New York City on the reform of
-the criminal law and procedure indicated the wide-spread belief of
-the ablest members of the bench and bar that our criminal law and
-its administration need radical reforms. In the fields of criminal
-statistics, also, we need far more light even if such light shall only
-indicate clearly that comprehensive and accurate criminal statistics
-are practically impossible to collate. To the efforts of the American
-Institute of Criminal Law and Criminology to advance in accuracy, in
-dignity, and in usefulness our store of information as to crime and its
-treatment, the national conference should give full credit and strong
-encouragement.
-
-
-
-
-THE SUPPRESSION OF MORAL DEFECTIVES
-
-Abstract of Address of Charles W. Eliot, President Emeritus of Harvard
-University
-
-
-The prevention of crime through the isolation or extirpation of
-criminals offers many analogies to the prevention of disease by the
-isolation or death of diseased persons. These analogies are obvious,
-and are based on observed facts and not on any theory that all moral
-defects originate in, or are caused by physical defects. Opinions
-might differ widely concerning the bodily origin of drunkenness,
-inordinate sexual passion, or kleptomania; and yet persons holding
-different views on this point might agree as to the wisest treatment in
-practice of such moral delinquents. Let us compare society’s treatment
-of moral defectives with its best treatment of physical defectives.
-In the first place, a large proportion of the crimes committed in
-our country are not treated socially at all, the criminals escaping
-detection and arrest, or being acquitted when brought to trial through
-the ingenious use of legal technicalities and delays. This is as if
-victims of scarlet fever or smallpox should be left quite free to
-move about in the community so far as their condition permitted,
-society manifesting no active interest in their welfare and taking no
-precautions whatever against the spread of their disease.
-
-Secondly, in cases in which criminals are arrested and convicted
-the penalties imposed by courts have, as a rule, no remedial and no
-preventive effect. Drunkards, for example, brought frequently before
-courts for sentence, are sent over and over again to jails or houses
-of correction for terms too short for effectual cure, so that they
-soon relapse into drunkenness when discharged. Or again, a burglar is
-sentenced to a few years in prison, acquires while confined no better
-disposition and no new means of earning a livelihood, and so when freed
-naturally returns to his former criminal mode of life.
-
-Thirdly, many researches into the history of criminal families have
-made it sure that the propensity to crime, be it moral, or physical,
-or both, is eminently transmissible; so that criminals, like imbeciles
-and other physical defectives, will surely breed their like, if left
-free to do so. To leave them free is to perpetuate and multiply by
-inheritance the evils and losses which criminality inflicts on
-the race. These comparisons suggest strongly that society needs to
-revise its methods of dealing with criminals. In this revision, what
-improvements should be aimed at? Better police protection, especially
-in the detective department, so that fewer crimes should be committed
-with impunity. This would correspond with the improving registration
-and responsible social treatment of diseases.
-
-A lessened use of fines and an increased use of imprisonment for
-convicted criminals of all sorts, a fine being an almost useless
-penalty for crimes against the person, since it has no improving
-or instructive quality whatever, is for the well-to-do a matter
-of indifference and is often impossible to collect from the poor.
-The habitual use of longer terms of imprisonment, that is, terms
-of isolation and temporary exemption from temptation to crime. The
-conversion of houses of correction, jails and prisons into places of
-instruction and of instructive labor, with incidental confinement,
-from being places of confinement with incidental labor, which is
-often uninstructive or impossible of utilization by the individual
-on his return to the outer world. Through this transformation houses
-of correction and prisons would become agricultural or industrial
-colonies, in which most prisoners would acquire the habit of productive
-labor and some skill available towards livelihood when they should
-again enjoy freedom.
-
-Every person, male or female, who has been convicted of crime, should
-be registered at many points with complete means of identification, and
-should be kept under supervision for a long period after discharge;
-and the new laws needed to secure such continuous supervision, if any,
-should be promptly adopted in all the States. With such systematic
-supervision should go assistance in the giving of employment.
-
-
-
-
-THE ABOLITION OF THE JAIL
-
-Synopsis of Address by Frederick H. Wines, Statistician, State Board of
-Administration, Illinois.
-
-
-The average county or municipal jail in this country is a school
-for crime, a cesspool of moral contagion, a propagating house of
-criminality, a feeder for the penitentiary, a public nuisance and
-a disgrace to modern civilization. The public indifference to the
-situation is attributed partly to ignorance. The county officials do
-not know what a jail should be and the people do not know what their
-jails really are. In plain Anglo-Saxon, the truth is that wherever
-there exists local graft and political dishonesty the county prison
-is its centre and its stronghold. The sheriff or the jailor makes
-a personal profit from crime by charging a per diem for board for
-prisoners and by the receipt of fees for locking and unlocking the
-jail doors. That profit is a live wire. No local politician, possibly
-no member of the Legislature or even of the State administration dares
-monkey with it.
-
-We have substantially won the fight for the reformatory State prison
-and the indeterminate sentence because we concentrated our fire upon
-a vulnerable point and made every shot tell. In attacking the county
-jail system we have pursued the opposite policy. We have addressed our
-arguments and remonstrances to the county authorities, of whom there
-are in round numbers, 2,500 sets, instead of to the legislative bodies,
-of which there are less than fifty. We have pleaded for new jails,
-better jails, when we should have demanded their replacement by prisons
-owned and controlled by the State and their emancipation from local
-political control with its petty and selfish interests.
-
-There was a time when local control was necessary and proper but that
-was long ago. Today the county prison is an anachronism. We imported
-it with other institutions from England, but conservative England has
-outgrown it and dates the dawn of its regenerate prison system from
-the year of its abolition. There is no good and sufficient reason
-why the State which enacts a criminal code with its definition of
-crime, its prohibitions and its penalties should assume the custody
-and care of the man committed to prison for three years and refuse to
-recognize its responsibility for the man sentenced for three months,
-abandoning him to the haphazard mercies of the inferior jurisdiction
-which is certainly ignorant, often brutal and sometimes dishonest. It
-is not the majesty of the county but that of the State which calls for
-vindication. The supervision of crime, let it take what form it may, is
-the business of the State. The State should name, and it should have
-exclusive authority over the executive agents to whom it entrusts the
-discharge of this supreme governmental function.
-
-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.
-
-The facts of recidivism are startling enough to command
-attention--whether one’s interest in the matter be economic, legal,
-humanitarian or anthropological. The terrific cost of crime, the
-failure of court methods to check criminalism, either in the individual
-or as a whole, the impotency of ordinary penological efforts and
-the considerable inadequacy of even the best reformatory type of
-institution are causes for amazement. By even a superficial glance
-at the facts we are thrown at once into an inquiry, what manner of a
-person is this recidivist, this individual who in spite of admonitory
-teachings and punishments goes on pursuing a career which leads him
-into just the situation which he wishes to avoid. Justice Rhodes of
-England writes an article in a medical journal, putting up the matter
-squarely to the medical profession, asking them what it means when
-out of 182,000 convictions in a year, 10,000 have been convicted more
-than twenty times before. “On the face of it,” he asks, “doesn’t
-this seem more like a problem for those who have to do with abnormal
-personalities than merely for the law?”
-
-Even if a statistical survey of crime and recidivism did not point
-directly in explanation to the peculiarities of the unit offender, it
-would in general seem as if the anthropological outlook, applied to
-the criminal himself, would be easily the best point of vantage in
-studying the crime situation. Here is a given individual, performing
-acts inimical to his fellows and retributively painful to himself. What
-leads him socially to react thus and so? Taking this view, common
-sense would seem to demand study of the causative factors in every
-case, and this means, first and foremost, investigation of those mental
-characteristics which underlie conduct.
-
-Beginning such a study of the causative factors of crime and taking
-account of deviation from the normal among the criminalistic, we
-immediately see that mental defect looms very large. Just how extensive
-this factor is we are unable to say, because thoroughgoing examinations
-of delinquents have not yet been registered in sufficient numbers.
-Sutherland, who has had a large experience and has well considered the
-matter, states in his work on Recidivism (p. 50) that it is not wide of
-the mark to say that one-third of criminal recidivists are pathological
-specimens, “suffering from physical and mental degeneracy characterized
-by mental warp, instability and feeblemindedness,” and that of petty
-offender recidivists it is equally safe to hold that two-thirds are
-pathological in the same sense. The British Royal Commission for the
-study of the feebleminded looked at 2,300 prisoners in cursory fashion
-and without mental tests decided that they could determine about
-ten per cent. to be feebleminded. Incomplete work from many sources
-testifies to considerable proportions of feebleminded among criminals.
-We ourselves, in our Chicago Institute, are for several reasons doing
-fairly intensive work, and I would at once disclaim that our figures
-have much statistical value. Yet of 620 cases of youthful repeaters
-carefully studied by us and classified in a scale of mental ability
-and peculiarity, twenty-six per cent. grade distinctly below the class
-which we call poor in native ability.
-
-We found:
-
-  Mentally subnormal--a class above the ordinary institutional      51  
-  feebleminded types, but still well below the normal.         
-  
-  Dull from physical causes, including epilepsy.                    36  
-  
-  Feebleminded of the upper or moron group.                         48  
-  
-  Feebleminded of the imbecile group.                                5
-  
-  Psychoses (various types of mental disease).                      22
-                                                                   ---
-                                                                   162
-
-Scattered for the most part through these classes we found 7-1/2 per
-cent. of the total 620 to be definitely epileptic.
-
-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?
-
-Looked at as a matter wherein the welfare of society is the chief
-concern, one most difficult point in the problem of mental defect grows
-more readily soluble. I speak of those cases in which evidence of
-feeblemindedness, although distinct, especially if studied by means of
-tests, is minor in degree as compared with the ethical defect present.
-These form a class of offenders most difficult to deal with because
-so frequently, on account of good development of language ability,
-they pass in the world in general, and in courts in particular, as
-practically normal individuals. This type has been designated by
-various terms. Anton has recently published a symposium monograph
-on the subject showing that the consensus of opinion is that there
-certainly exists a distinct group in which moral defect is out of
-proportion to the amount of mental subnormality. The recent report of
-the Massachusetts commission on the increase of criminals emphasizes
-this very point. To those who doubt the existence of mental defect in
-such cases I commend the use of psychological tests. Better study of
-the individual will, in any case, give some indication of that most
-important point for the welfare of society, namely, whether or not the
-crime will be repeated.
-
-Turning in the interests of society to the study of the individual
-offender, especially the recidivist, we shall at once be led by
-practical considerations into an attempt to decipher the causative
-factors of his career. The great value of such intelligent study can be
-shown in many types of cases, but nowhere is it more evident than when
-the offenders are mentally defective. The recent work of Miss Moore for
-the Public Education Association of New York shows the after-records of
-some children formerly in the subnormal rooms in the New York public
-schools and also of some of the feebleminded men who were paroled from
-the Elmira Reformatory to New York. The financial and moral cost to the
-community has been very great from such sources. We ourselves have many
-such records, showing the terrible burden a criminalistic defective is
-to the community. Dozens of times, indeed up to a hundred times in the
-police stations, is the record of even some of the younger members of
-this group, as we have observed them.
-
-Intelligent study of the problem of recidivism means catching the
-repeater as early as possible and making a diagnosis and prognosis
-for disposal of his case at once or in the future. The advantages of
-studying the recidivist when young are many, both from a scientific and
-a reformatory point of view. It is often also of immense importance
-to study the adult repeated offender. The disposal of him offers more
-difficulties frequently than the adjustment of the juvenile case. There
-is one matter in connection with adult offenders upon which I wish
-to lay special emphasis. It is in regard to the parole of criminals.
-It seems clear to me that if the whole matter of adult probation
-is to be placed upon the most sensible basis, the scientific facts
-which have bearing upon the situation must be brought into use. I
-hold that no criminal should be released upon parole until enough of
-a study has been made of his individuality and the causative factors
-of his delinquency so that there may be some sort of a guarantee that
-his offenses will not be continued. As it stands, almost nothing of
-this sort is being done. It should be the first and main inquiry
-of any board of parole to know whether or not the individual under
-consideration is likely to be a recidivist. Several points of view
-would be connected in such an inquiry, but the point we are concerned
-with today is one of the greatest value for the decision. The first
-question to be asked, if the matter is to be sensibly decided, is about
-the mental status of the individual. This inquiry with its various
-ramifications will often be found of great significance in answering
-the vital question: “Will crime be committed again by this individual?”
-
-Intelligent study of an actual or a potential recidivist means a fairly
-complete investigation and is worth days of work if this be necessary.
-It needs a combination of the sociological, medical and psychological
-standpoints. We ourselves find particularly rich fields for explanation
-of the case in getting the history of families and of developmental
-conditions and in psychological examinations. The latter has been much
-hampered in the past by lack of practical tests, but of late these
-have been developed. At the present time any intelligent observer can
-judge something of the mental capacity of an individual by seeing
-his performance, under proper conditions, on a group of tests which
-correspond to the normal ability of the child. The well-known Binet
-tests, imperfect though they probably are in some respects, form an
-epoch-making advance in the study of feeblemindedness. We ourselves
-have been at much pains in the last two years in developing, with
-the help of a number of psychologists, a group of tests directed to
-the estimation of native mental ability in older and higher types of
-individuals. We may hope for much greater standardization of tests in
-the future, but, even as it now stands, there can be no doubt that just
-such a practical mental classification as the work with delinquents
-demands can be readily carried out by qualified persons.
-
-If, avoiding _a priori_ standpoints, we enter upon a study of the
-recidivist, we find such a considerable number of causative factors
-determinable that this at once precludes the idea of crime being
-anything like a disease entity. Indeed, one soon comes to feel that
-many of the set notions about crime are academic and absurd in
-the light of facts ascertainable by a free-minded, practical and
-thoroughgoing investigation of the individual cases. Crime may be the
-action of a Charlotte Corday or of a Jesse Pomeroy and in form, impulse
-and factors of underlying causation may be found to be so varied in its
-manifestations that many pseudo-philosophical speculations and legal
-pronunciamentos on the subject are readily seen to be nothing but
-slipshod generalizations. Quinton, a man of great experience, in his
-recent work says, with apparently purposeful exaggeration, that there
-are just as many classes as there are criminals. Mental defect is to
-be considered simply as one of the causes of crime, but it is a cause
-so obvious, so readily determinable in most cases and so certainly
-irremediable and provocative of recidivism and moral contagion that
-one of the first steps of reform in dealing with criminals ought to
-be directed toward this. The mental defective is suitable neither for
-probation, reformatory education nor punitive measures. Custodial care
-alone is of service and in the case of the criminalistically inclined
-defective the courts should directly commit and the state protect
-itself by permanent guardianship.
-
-The time is ripe for better methods of handling this class of cases.
-The study of recidivism shows it as a blot upon our civilization,
-and demonstrates that many recidivists are mental defectives. The
-study, on the other hand, of the individual defective criminal
-demonstrates him to be a source of great financial loss and much
-moral contagion. Studies in heredity prove that he frequently begets
-his kind. Developments along medical and psychological lines have
-given us practical methods for diagnosis of mental defectives--even
-the border-line cases being easily determinable as such--and give us
-assurance of the social future of this class of cases. The work of our
-own institute proves not only the applicability of common-sense study
-of causative factors in general to court work in this country, but
-directly demonstrates the overwhelming value of early differentiation
-of a type of offender, who by the very nature of his mental make-up is
-bound under ordinary social conditions to become a recidivist.
-
-In order to get a more business-like administration of criminal affairs
-so that there may be practical application of at least some points
-which are scientifically demonstrable as imperative for the well-being
-of society, certain things are necessary. Concerning our immediate
-point, the needs are: first, better education of everybody implicated
-in the criminal situation as to the part that mental defect plays in
-delinquency. Then in connection with criminal courts, and especially
-in connection with juvenile courts, where the development of crime can
-be checked, there should be thoroughgoing study of the recidivist. The
-court should be acquainted with the practical value of such study and
-should act on it. No offender should be allowed on parole unless he
-is known to have the mental make-up which, on the whole, will in his
-environment tend to prevent his freedom from being inimical to society.
-Then, not a difficult matter to insure, there must be better classified
-institutional treatment. Finally, the court should have the power to
-adjudicate cases of mental defect in the best interests of society.
-
-
-
-
-TREATMENT OF THE MENTAL DEFECTIVE WHO IS ALSO DELINQUENT
-
-DR. HENRY H. GODDARD, VINELAND, NEW JERSEY
-
-
-Twenty-five per cent. of delinquents are mentally defective. While we
-have no absolute statistics, there are many indications that this is a
-safe estimate. All mental defectives would be delinquents in the very
-nature of the case, did not some one exercise some care over them.
-
-There is only one possible answer to the question, “What is to be done
-with the feebleminded person who is delinquent?” He must be cared for,
-but he must be cared for in a place where we care for irresponsibles.
-The jail or prison or reformatory, is not for him, neither must he be
-turned loose on the streets or sent back to the home and environment in
-which he has already become a delinquent.
-
-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.
-
-The probation system inaugurated in the city court of Indianapolis has
-covered:
-
-
-_The Suspended Sentence._
-
-The power to suspend sentence has saved many novices in crime from
-undergoing the harsh punishment that would be otherwise meted out to
-them, and that seems to be contrary to the constitutional provision
-that “all penalties shall be proportioned according to the nature of
-the offense.”
-
-During the past year sentence has been suspended in 236 cases and
-judgment withheld in 3,474. The majority of these were first offenders.
-In those cases where the judgment was suspended, the court has had to
-set aside the suspension of sentence and commit the defendants in only
-two cases, and where the judgment has been withheld less than two per
-cent. have been returned to court for a second or subsequent offense.
-
-While there is no provision under the law for the employment of
-paid probation officers, adequate supervision in 352 cases was made
-possible by good citizens volunteering to serve in that capacity. These
-probationers were required to furnish the court a monthly report signed
-by the probation officer. Time will not permit the details of these
-reports. Each tells its own story of heroic efforts toward right living.
-
-
-_Paying Fines on Installments._
-
-The old method of collecting money fines which compelled the defendant
-to pay or replevy the same moment he was fined was always a source of
-great hardship on the poor. It was unreasonable to expect a common
-laborer arrested late at night and convicted in the morning to be
-prepared to settle with the state. If he was unable to pay or make
-arrangements to have his fine stayed for the statutory period, he
-was sent to prison, not because the court had given him a term of
-imprisonment, but because he was poor, which is in effect, imprisonment
-for debt.
-
-To aid this particular class there was introduced as a part of the
-probation system a plan for the collection of fines in small payments.
-In those cases where the defendant appeared deserving he has been
-released on his own recognizance and the case held under advisement for
-thirty to sixty days, as the circumstances seemed to justify, at the
-expiration of which time he was required to report to the court that he
-had paid in the amount designated as the fine and costs to be entered
-against him.
-
-At the close of the year 830 persons had been given an opportunity to
-pay their fines in this way. Of this number, 64 were re-arrested and
-committed for their failure to pay their fine, and the affidavits in
-32 other cases are held for re-arrest. The balance lived up to their
-obligation with the court and paid in more than $7,100.
-
-This plan operates to the benefit of the defendant in several ways:
-it saves him his employment; it saves his family from humiliation and
-disgrace, as well as from the embarrassment incident to imprisonment;
-but more than all, it saves him his self-respect. With but a single
-exception not one to whom this opportunity has been given and who had
-paid his fine in full has been in court a second time.
-
-
-_Drunkenness and the Pledge System._
-
-No unfortunates appeal more strongly to the court than the victims of
-the liquor habit. In all cases of first offenders charged with being
-drunk and in those cases where the defendant had others dependent upon
-him for support, the court has made it a condition on withholding
-judgment or suspending sentence that the defendant take the pledge for
-a period varying from six months to one year. At the close of the year
-101 persons had taken the pledge, and of this number all but ten had
-kept the same faithfully.
-
-In the severe cases where the defendant was bordering on delirium
-tremens, he was committed to the workhouse and the superintendent
-informed of his condition. While there are no special arrangements for
-the treatment of inebriates at the workhouse, Superintendent O’Connor
-has successfully provided a separate department for such cases. With
-these inadequate facilities a splendid work is now being done among
-this class of unfortunate and harmless offenders.
-
-
-_Medical and Surgical Treatment._
-
-Men suffering from physical defects have frequently been before
-the court charged with offenses entirely out of harmony with their
-antecedents and environments. In these cases the court has been able
-to call to his assistance some of the best-known surgeons of the city.
-During the year three surgical operations were performed. Two of these
-were brain operations and one was sterilization for degeneracy. Three
-additional cases were successfully treated at private institutions for
-the drug and liquor habits.
-
-
-_Separate Trials for Women._
-
-Acting upon the suggestion of Amos W. Butler and Demarchus C. Brown,
-the court set aside Wednesday afternoons for the separate trials of
-women and girls. A woman probation officer maintains an adequate system
-of investigation and supervision.
-
-During the seven months that the work among women and girls has been in
-charge of a probation officer, 139 cases have been investigated, and of
-that number only 11 were imprisoned, and adequate supervision provided
-for 70 during the probation period.
-
-In 18 cases of drunkenness, under the supervision of the probation
-officer, pledges were taken, and all but three have kept the same
-faithfully. In 15 cases of country girls coming to Indianapolis and
-falling into bad company, resulting in their arrest, arrangements were
-made, by this officer, for the return of these girls to their homes in
-various parts of the state. In the balance of these cases investigation
-disclosed that the defendants were more sinned against than sinning and
-the cases were dismissed.
-
-
-_Restitution._
-
-The criminal code is absolutely silent upon the question of recovery
-for loss or damage to property and injuries to the person growing out
-of criminal acts except that in cases of malicious trespass the court
-may fine a defendant a sum equal to twice the amount of the property
-damaged. To fine a person double the value of the property damaged and
-because of his failure to pay the same, place the additional burden on
-the citizen of supporting him in the workhouse or jail seems in itself
-an absurdity.
-
-As a part of the probation plan the court requires every person charged
-with any offense involving the loss or damage to property and injuries
-to the person to make full and complete restitution to the injured
-party before the final disposition of the case. Upon a proper showing
-that restitution has been made the court is then in a position to take
-such action as the other facts in the case justify. Under this plan
-more than $1,800 in restitution has been recovered and turned over to
-the proper parties.
-
-
-_Results._
-
-The results of the operation of any system of justice are not to be
-measured by dollars and cents.
-
-During the year 1910 the court disposed of more than 15,000 cases.
-Notwithstanding this tremendous volume of business there was a saving
-to the county in the cost of feeding prisoners in the county jail of
-$1,393.61 and in the maintenance of the workhouse, $4,631.95.
-
-Yet the reduction by fifty per cent. of the number of commitments
-of persons to the workhouse, jail and correctional department of
-the woman’s prison speaks with far greater force in favor of the
-probation system than any saving in dollars and cents, for of greater
-significance to the community is the moral uplift.
-
-*** END OF THE PROJECT GUTENBERG EBOOK THE REVIEW, VOL. 1, NO. 6, JUNE
-1911 ***
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