The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-14
physical inf.rIority Of III. offender /. one of III.

physical infsriority Of the offender IL one OF the
most important
Passing to the mental condition OF Juvenile
offenders. we ind that, In q large proportion OF
them. certain mental anomalies are detected.
In some cases the anomaly betrays itself In de-
fects of intellect, in other cases In defects OF
feeling. and, in still other cases. In defects Of
~volition. Among offenders who are intollectu-
ally abnormal the powers Of perception and
retention are OF an inferior order. and the
juvenile becomes an offender against the law as
much from stupidity as from design. Among
offenders wh,.aro alert enough mentally.
and, perhaps, above the average In this
respect, there Is often q remarkable alb
sencc of feeling. Such children arc well aware
OF the nature Of criminal conduct. but It Is
not in any wav repugnant to them on that
account. It 10 from their ranks that the most
dangerous class of hsbItual criminals are drawn.
On the other hand. childre OF feeble wills are
often gifted with genuine senslbllitlcs. and.
when they fall. II Is because they are led away by
others. These children are generally below tho
average in intellect as we'll as in will. and are
good or bad according TO tho circumstances In
which they happen to be. II Juvenile offenders
be viewed collectively. their defective mental
equipment may 10 said to have originated either
in q defective physical basis of mental life or In
inherited mental incompetence. or In the evil
effects Of abnormal mental surroundings.
From the facts set forth in n chapter on the
parental condition Of Juvenile offenders. Il is
manifest that tho future of = child Is very
largely determined By the parental circum-
stances In which 1t happens to be placed. II q
child. for instance. Ia OF illcgitimate parentage.
II 10 more likely to fail in the battle of life than
II It were born In lawful wediock. II child
has the misfortune to lose one or other Of Its
parents. It Ia more likely to become a delinQuent
than would otherwise DO tho case. II child
be the offspring OF callous parents who desert
II, or of criminal parents who corrupt II, Its lot
In life is likely to DO q dark one.
On the other hand. tho task of society,
in tho light OF these conclusions. Is =
plain, but. at the same time, q difficult
one. II consists In removing. as far As possible,
the parental conditions which prove disastrous
to tho young. Whatever tends to reduce tho
ratio OF illegitimacy will also tend to reduce
tho dimensions of the juvenile criminal popula-
ton. Whatever tends 10 reduce the death rate
among adults will also reduce the number OF
fathcrless and mothcrloss children in tho com.
munity. and . reduction In the number of such
children will be accompanied by a reduction In
the number Of Juvenile offenders. Lastly, what
ever tends toward the moral and spiritual eleva-
ton OF the community rs q whole will have It's
effect In diminishing tho number of parents
who desert and corrupt thor children. In pro-
portion As the number OF such parents 10
lessened. so also will tho number OF children
diminish who fall through parental desertion
and parental vice.
Now. let us nee how Mr.. Morrison would pro-
vent n Juvenile delinquent from becoming an
habitual criminal. In his opinion, tho funda-
mental defect OF all punitive measures. which
ultimately terminate In tho liberation OF tho
delinquent, is that they arc in tho main in
mandatory. The scope and purpose OF penal
methods is almost exclusively confined to OPP
Grating on the sense OF fear. 1t Is not disputed
that the fear of punishment exercises a de-
terrent effect of soroe sort. but the criminal
returns OF every civilized community point
with remarkable unanimity to the conclusion
that the restraining influence of fear on
criminal tendencies is much more limited
than is generally supposed. It Is certain that
IL the terrors of the criminal law could have
stamped out crime. II would have disappeared
long ago. Punishments of the most appalling
rigor existed until a comparatively recent
period In every criminal code, yet there 10 no
evidence to show that thcss seventies had tho
des;5ed effect At the present time. punishment
although less severe. Is much more certain. Mr..
Morrison has been repeatedly told by old GRIM
iuAls tnAt II u noW u HuCu mOTo UltllCult tuinR
to escape the clutches OF the law than 1t was
formerly. Nevertheless, the increased proba-
billty ofdetection aud conviction has not put a
stop To crime: on the contrary. according TO the
official returns of every civilized country, Of
fences AGAINST tho criminal law arc steadily
increasing In number. 1t might DO sup
posed that. II tho fear of detection and punish.
ment are Of so little efficacy. the actual expert
ence Of punishment would at least have a
deterrent effect But tho ordinary view OF the
efficacy of punishment 10 not supported by facts.
A period OF detention In prison produces very
little change on the future conduct OF the con-
victed population. A proof of this IL that,
among every hundred prisoners. more than ono
half have been in prison before. A large per-
centage. moreover, OF these prisoners have been
recommitted. not once. or twice. but Ave. ten,
or twenty times. In the teeth of facts Of this
character. we can hardly venture to affirm that
punishment is an effective remedy for crime.
When we seek tho reason why punishment in
volvipg the loss OF liberty is so ineffective. We
find, In the first place. that It aggravates the
conditions which tend to make . man a GRIM
inal. Nearly al the people who are committed to
prison are somewhat deteriorated either bodily
or mentally before they como within the
clutches OF the law. Crime 10 usually tho result
of this condition Of deterioration. II tho do.
ter!oration which has set In before imprisop-
ment Is made worse by the conditions of prison
life. It is impossible for punishment In the case
OF imprisonment, to prevent tho offender from
repeating tho offence. According to the Royal
Commissioners of 1870 and the Prisons
Committee Of 1878. tho conditions Of prison
life are OF this adverse character. I'm.
prisonmont they declare. mot only fails to
reform offenders. but in the case of the less
hardened criminals. and especially Of frat
Offenders. It produces a detoriorating effect"
In other words. imprisonment defeats the very
purpose for which 1t 10 applied. So much for
the working Of tho penal law. On tho other
hand, the principle at the root of the educa-
t'onal method of dealing with Juvenile crime Is
pronounced by Mr.. Morrison an absolutely sound
one. 1t Is = principle which recognizes the in
disputable fact that tho Juvenile delinquent Ia.
In tho main, = product Of adverse individual