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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..62b14c7 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #69086 (https://www.gutenberg.org/ebooks/69086) diff --git a/old/69086-0.txt b/old/69086-0.txt deleted file mode 100644 index 1093555..0000000 --- a/old/69086-0.txt +++ /dev/null @@ -1,1542 +0,0 @@ -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 *** - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the -United States without permission and without paying copyright -royalties. 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Thus, we do not -necessarily keep eBooks in compliance with any particular paper -edition. - -Most people start at our website which has the main PG search -facility: www.gutenberg.org - -This website includes information about Project Gutenberg-tm, -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. diff --git a/old/69086-0.zip b/old/69086-0.zip Binary files differdeleted file mode 100644 index 5548f34..0000000 --- a/old/69086-0.zip +++ /dev/null diff --git a/old/69086-h.zip b/old/69086-h.zip Binary files differdeleted file mode 100644 index 76e1d78..0000000 --- a/old/69086-h.zip +++ /dev/null diff --git a/old/69086-h/69086-h.htm b/old/69086-h/69086-h.htm deleted file mode 100644 index 8a19083..0000000 --- a/old/69086-h/69086-h.htm +++ /dev/null @@ -1,2520 +0,0 @@ -<!DOCTYPE html> -<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> -<head> - <meta charset="UTF-8" /> - <title> - The Review Vol. I No. 6 by Various—A Project Gutenberg eBook - </title> - <link rel="icon" href="images/cover.jpg" type="image/x-cover" /> - <style> /* <![CDATA[ */ - -body { - margin-left: 10%; - margin-right: 10%; -} - - h1,h2,h3,h4,h5,h6 { - text-align: center; /* all headings centered */ - clear: both; -} - -p { - margin-top: .51em; - text-align: justify; - margin-bottom: .49em; -} - -hr { - width: 33%; - margin-top: 2em; - margin-bottom: 2em; - margin-left: 33.5%; - margin-right: 33.5%; - clear: both; -} - -h1.t { - display: block; - font-size: 4em; - font-weight: bold; - margin-top: 0em; - margin-bottom: 0em; - letter-spacing: 0.1em; - word-spacing: 0.3em; -} - -hr.chap {width: 65%; margin-left: 17.5%; margin-right: 17.5%;} -@media print { hr.chap {display: none; visibility: hidden;} } - -div.chapter {page-break-before: always;} -h2.nobreak {page-break-before: avoid;} - -table { - margin-left: auto; - margin-right: auto; -} -table.autotable { border-collapse: collapse; } -table.autotable2 {max-width: 70%; border-collapse: collapse;} -table.autotable td, -table.autotable th { padding: 4px; } - -table.titletable { border-collapse: collapse; width: 78%;} -table.titletable td, -table.titletable th { padding: 4px; } - -.trd {font-size: 1%;} - -.borderbottom {border-bottom: solid black 1px; border-collapse: collapse;} - - -.tdl {text-align: left;} -.tdr {text-align: right;} -.tdc {text-align: center;} -.td26 {width: 26%;} -.doubleborder {border-bottom: double black;} - -.pagenum { /* uncomment the next line for invisible page numbers */ - /* visibility: hidden; */ - position: absolute; - left: 92%; - font-size: smaller; - text-align: right; - font-style: normal; - font-weight: normal; - font-variant: normal; - text-indent: 0; -} /* page numbers */ - -.titlepadding { - padding-left: 1em; - padding-right: 1em; -} - -.center {text-align: center;} - -.smcap {font-variant: small-caps;} - -.big {font-size: 1.25em;} - -.small {font-size: 0.85em;} - -/* Transcriber's notes */ -.transnote {background-color: #E6E6FA; - color: black; - font-size:smaller; - padding:0.5em; - margin-bottom:5em; - font-family:sans-serif, serif; } - - /* ]]> */ - -hr.border {width: 80%; margin: 0 10%;} -ul {list-style-type: none;} -ul li {line-height: 180%;} -</style> -</head> -<body> -<p style='text-align:center; font-size:1.2em; font-weight:bold'>The Project Gutenberg eBook of The Review, Vol. 1, No. 6, June 1911, by Various</p> -<div style='display:block; margin:1em 0'> -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 <a href="https://www.gutenberg.org">www.gutenberg.org</a>. 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. -</div> - -<p style='display:block; margin-top:1em; margin-bottom:1em; margin-left:2em; text-indent:-2em'>Title: The Review, Vol. 1, No. 6, June 1911</p> -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Author: Various</p> -<p style='display:block; text-indent:0; margin:1em 0'>Release Date: October 1, 2022 [eBook #69086]</p> -<p style='display:block; text-indent:0; margin:1em 0'>Language: English</p> - <p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em; text-align:left'>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.)</p> -<div style='margin-top:2em; margin-bottom:4em'>*** START OF THE PROJECT GUTENBERG EBOOK THE REVIEW, VOL. 1, NO. 6, JUNE 1911 ***</div> -<p><span class="pagenum" id="Page_1">[Pg 1]</span></p> - -<table class="titletable"> -<tr> - <td class="tdl big">VOLUME I, No. 6.</td> - <td class="tdr big">JUNE, 1911</td> - </tr> -</table> - - <h1 class="t">THE REVIEW</h1> - -<p class="center big">A MONTHLY PERIODICAL, PUBLISHED BY THE<br /> -<b>NATIONAL PRISONERS’ AID ASSOCIATION</b></p> - -<p class="center small">AT 135 EAST 15th STREET, NEW YORK CITY.</p> -<hr class="border" /> -<table class="titletable"> - <tr> - <td class="tdl small">TEN CENTS A COPY.</td> - <td class="tdr small">SEVENTY-FIVE CENTS A YEAR</td> - </tr> -</table> - -<hr class="border" /> - -<ul class="small center"> -<li>E. F. Waite, President.</li> -<li>F. Emory Lyon, Vice President.</li> -<li>O. F. Lewis, Secretary and Editor Review.</li> -<li>E. A. Fredenhagen, Chairman Ex. Committee.</li> -<li>James Parsons, Member Ex. Committee.</li> -<li>A. H. Votaw, Member Ex. Committee.</li> -<li>G. E. Cornwall, Member Ex. Committee.</li> -<li>Albert Steelman, Member Ex. Committee.</li> -</ul> - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="TOC">CONTENTS</h2> -</div> - -<table class="autotable"> -<tr> -<td colspan="2" class="smcap tdr">Page</td> -</tr> -<tr> -<td class="smcap">The National Conference</td> -<td class="tdr"><a href="#THE_NATIONAL_CONFERENCE">1</a></td> -</tr> -<tr> -<td class="smcap">Report of Committee on Lawbreakers</td> -<td class="tdr"><a href="#REPORT_OF_COMMITTEE_ON_LAWBREAKERS">2</a></td> -</tr> -<tr> -<td class="smcap">The Suppression of Moral Defectives</td> -<td class="tdr"><a href="#THE_SUPPRESSION_OF_MORAL_DEFECTIVES">7</a></td> -</tr> -<tr> -<td class="smcap">The Abolition of the Jail</td> -<td class="tdr"><a href="#THE_ABOLITION_OF_THE_JAIL">8</a></td> -</tr> -<tr> -<td class="smcap">Mental Defects and Delinquency</td> -<td class="tdr"><a href="#MENTAL_DEFECTS_AND_DELINQUENCY">9</a></td> -</tr> -<tr> -<td class="smcap">Treatment of the Mental Defective who is also Delinquent</td> -<td class="tdr"><a href="#TREATMENT_OF_THE_MENTAL_DEFECTIVE_WHO">13</a></td> -</tr> -<tr> -<td class="smcap">Placing Misdemeanants on Probation</td> -<td class="tdr"><a href="#PLACING_MISDEMEANANTS_ON_PROBATION">14</a></td> -</tr> -</table> - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="THE_NATIONAL_CONFERENCE">THE NATIONAL CONFERENCE</h2> -</div> - - -<p>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.</p> - -<p>The <span class="smcap">Review</span> 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.</p> - -<p>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.</p> - -<p>Many other notes were struck. The -spirit of the sessions was optimistic, but -questions and comments were frank and -searching.</p> - -<p>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.”</p> - -<p>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.</p> - -<p>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.</p> -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_2">[Pg 2]</span></p> - -<h2 class="nobreak" id="REPORT_OF_COMMITTEE_ON_LAWBREAKERS">REPORT OF COMMITTEE ON LAWBREAKERS</h2> -</div> - -<p class="center">National Conference of Charities and Correction, O. F. Lewis, General Secretary of New York Prison -Association, Chairman.</p> - - -<p>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.”</p> - -<p>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 <i>la science penitentiaire</i>.”</p> - -<p>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.</p> - -<p>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.</p> - -<p>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.</p> - -<p>First, <i>the local and county jails</i>. 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<span class="pagenum" id="Page_3">[Pg 3]</span> -system, local inattention to the fundamental -principles of penology.</p> - -<p>The case against the average jail -seems proved. Has not the time come -to make a general national campaign -against this “school of crime?”</p> - -<p>Mr. F. G. Pettigrove of Massachusetts -dissents from the above statements regarding -jails as follows:</p> - -<p>“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.”</p> - -<p><i>Prison Labor.</i> 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.</p> - -<p>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?</p> - -<p>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.”</p> - -<p>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:</p> - -<table class="autotable"> -<tr> -<td class="tdl">Total earnings</td> -<td class="tdr">$2,210,880</td> -</tr> -<tr> -<td class="tdl">Total expenses</td> -<td class="tdr borderbottom">1,199,248</td> -</tr> -<tr> -<td class="tdl">Excess of earnings</td> -<td class="tdr">$1,011,632</td> -</tr> -</table> - -<p>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<span class="pagenum" id="Page_4">[Pg 4]</span> -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.”</p> - -<p>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.</p> - -<p>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.</p> - -<p>Frank L. Randall, General Superintendent -of the Minnesota State Reformatory -and a member of the Committee -on Lawbreakers, makes the following -suggestion:</p> - -<p>“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.”</p> - -<p><i>The Treatment of Defective Delinquents.</i> 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.</p> - -<p><i>Parole.</i> 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.</p> - -<p>Only in a most general way do we yet<span class="pagenum" id="Page_5">[Pg 5]</span> -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 <i>after</i> 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.</p> - -<p>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.</p> - -<p>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.</p> - -<p><i>The Probation Movement</i>, 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.</p> - -<p>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.</p> - -<p><span class="pagenum" id="Page_6">[Pg 6]</span></p> - -<p>Ex-Attorney-General Julius M. Mayer -dissents from the foregoing paragraph -as follows:</p> - -<p>“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.”</p> - -<p>In a further letter Judge Mayer -writes:</p> - -<p>“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.”</p> - -<p>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.</p> - -<p><i>The Wives and Children of Prisoners.</i> -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 <i>must</i> 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.</p> - -<p><i>Farm Colonies.</i> 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.</p> - -<p>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<span class="pagenum" id="Page_7">[Pg 7]</span> -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.</p> - -<p>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.</p> - -<p><i>Prisoners’ Aid Societies.</i> 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.</p> - -<p><i>American Criminology.</i> 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.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="THE_SUPPRESSION_OF_MORAL_DEFECTIVES">THE SUPPRESSION OF MORAL DEFECTIVES</h2> -</div> - -<p class="center">Abstract of Address of Charles W. Eliot, President Emeritus of Harvard University</p> - - -<p>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<span class="pagenum" id="Page_8">[Pg 8]</span> -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.</p> - -<p>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.</p> - -<p>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.</p> - -<p>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.</p> - -<p>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.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="THE_ABOLITION_OF_THE_JAIL">THE ABOLITION OF THE JAIL</h2> -</div> - -<p class="center">Synopsis of Address by Frederick H. Wines, Statistician, State Board of Administration, Illinois.</p> - - -<p>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<span class="pagenum" id="Page_9">[Pg 9]</span> -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.</p> - -<p>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.</p> - -<p>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.</p> - -<p>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.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="MENTAL_DEFECTS_AND_DELINQUENCY">MENTAL DEFECTS AND DELINQUENCY</h2> -</div> - -<p class="center"><span class="smcap">Wm. Healy, M. D.</span></p> - -<p class="center">Director, Juvenile Psychopathic Institute, Chicago</p> - - -<p>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.</p> - -<p>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<span class="pagenum" id="Page_10">[Pg 10]</span> -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.</p> - -<p>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?”</p> - -<p>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.</p> - -<p>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.</p> - -<p>We found:</p> - -<table class="autotable2"> -<tr> -<td>Mentally subnormal—a class above the ordinary institutional feebleminded types, but still well below the normal.</td> -<td class="tdr">51</td> -</tr> -<tr> -<td>Dull from physical causes, including epilepsy.</td> -<td class="tdr">36</td> -</tr> -<tr> -<td>Feebleminded of the upper or moron group.</td> -<td class="tdr">48</td> -</tr> -<tr> -<td>Feebleminded of the imbecile group.</td> -<td class="tdr">5</td> -</tr> -<tr> -<td>Psychoses (various types of mental disease).<span class="pagenum" id="Page_11">[Pg 11]</span></td> -<td class="tdr borderbottom">22</td> -</tr> -<tr> -<td> </td> -<td class="tdr">162</td> -</tr> -</table> - -<p>Scattered for the most part through -these classes we found 7½ per cent. of -the total 620 to be definitely epileptic.</p> - -<p>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.</p> - -<p>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?</p> - -<p>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.</p> - -<p>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<span class="pagenum" id="Page_12">[Pg 12]</span> -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.</p> - -<p>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?”</p> - -<p>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.</p> - -<p>If, avoiding <i>a priori</i> 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<span class="pagenum" id="Page_13">[Pg 13]</span> -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.</p> - -<p>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.</p> - -<p>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.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="TREATMENT_OF_THE_MENTAL_DEFECTIVE_WHO">TREATMENT OF THE MENTAL DEFECTIVE WHO -IS ALSO DELINQUENT</h2> -</div> - -<p class="center">DR. HENRY H. GODDARD, VINELAND, NEW JERSEY</p> - - -<p>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.</p> - -<p>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.</p> - -<p>In the present state of our laws and -customs, delinquency is the one means -by which we are able to get hold of a<span class="pagenum" id="Page_14">[Pg 14]</span> -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.</p> - -<p>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.</p> - -<p>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?</p> - -<p>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.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<h2 class="nobreak" id="PLACING_MISDEMEANANTS_ON_PROBATION">PLACING MISDEMEANANTS ON PROBATION</h2> -</div> - -<p class="center">JAMES A. COLLINS</p> - -<p class="center">Judge of the City Court, Indianapolis, Indiana</p> - - -<p>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.</p> - -<p>The probation system inaugurated in -the city court of Indianapolis has covered:</p> - - -<h3><i>The Suspended Sentence.</i></h3> - -<p>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.”</p> - -<p>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.</p> - -<p>While there is no provision under the<span class="pagenum" id="Page_15">[Pg 15]</span> -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.</p> - - -<h3><i>Paying Fines on Installments.</i></h3> - -<p>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.</p> - -<p>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.</p> - -<p>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.</p> - -<p>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.</p> - - -<h3><i>Drunkenness and the Pledge System.</i></h3> - -<p>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.</p> - -<p>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.</p> - - -<h3><i>Medical and Surgical Treatment.</i></h3> - -<p>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.</p> - - -<h3><i>Separate Trials for Women.</i></h3> - -<p>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.</p> - -<p><span class="pagenum" id="Page_16">[Pg 16]</span></p> - -<p>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.</p> - -<p>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.</p> - - -<h3><i>Restitution.</i></h3> - -<p>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.</p> - -<p>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.</p> - - -<h3><i>Results.</i></h3> - -<p>The results of the operation of any -system of justice are not to be measured -by dollars and cents.</p> - -<p>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.</p> - -<p>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.</p> - -<hr class="chap x-ebookmaker-drop" /> -<div class="chapter transnote"> -<h2 class="nobreak" id="Transcribers_Notes">Transcriber’s Notes</h2> - -<p class="center">Table of contents was created by the transcriber and is hereby placed in the public domain.</p> - -<p class="center">Obvious errors and omissions in punctuation have been fixed.</p> - -<p class="center">Any inconsistencies in spelling have been retained.</p> - -</div> -<div style='display:block; margin-top:4em'>*** END OF THE PROJECT GUTENBERG EBOOK THE REVIEW, VOL. 1, NO. 6, JUNE 1911 ***</div> -<div style='text-align:left'> - -<div style='display:block; margin:1em 0'> -Updated editions will replace the previous one—the old editions will -be renamed. -</div> - -<div style='display:block; margin:1em 0'> -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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