The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-10-03

times from a high degree OF intel
ligence, will plunge to the depths Of
moral degradation and at times lead
double life which would cause DR..
Jekle and Mr.. Hyde to turn green
with envy,-are these men to be dealt
with In the same degree OF leniency
as he who is utterly insane? I think
not. 1t Is true that no standard CT
mental capacity, mental soundness and
responsibility can be established. We
can set UP no measuring board and say
those that are five feet ten may walk
under this board, but those that are
five feet nine and a half or lower, or
those that are five feet ten and a half
and higher may not.
Mental soundness in its differen;
forms is as varied as lis the human
stature and the human physique, nence
no court or jury can say that this man
shall be held responsible for his acts,
while, this other individual of a differ
ent degree Of mental unsoundness, and
different species may be, cannot.
THE LAWS LAXITY. $ rg
1T is generally recognized that the
criminal law Is established not for
the benefit of the criminal himself, not
to reform him alone but to protect So
incidentally to restrain and re-
form the criminal, II possible, but
primarily to protect the community
from the presence of the criminal and
to deter others from doing wrong by
reason of his example. This being
true. society has as much right to de-
tain and isolate those whose presence
In society Is dangerous from some
mental unsoundness as it has to isolate
those who from perverse will and de-
liberate and premeditated purpose
commit crime. The good of the com
munity demands that such an individu-
al be taken apart from the rest of the
world, in order that his presence, MS
Individual acts. and his undesir-
able influence, may not corrupt, pol
, lutte and endanger society.
SPECIAL INSTITUTION.
1T is my opinion that the s;a,e
should provide a place-an Institution
by itself-where that class of persons
might be detained by themselves
where their various degrees of mental
, unsoundness could be classified. they,
, themselves, graded and. cared ror, ac.
cording to their necessity, and each In
1 dividuai placed in such an institution
receive sufficient restraint to insure his
incarceration therein. safe 70 society
and to, the community; ana the indi-
vidual himself receive enough lenIency
to aid his restoration, If possible, &c
mental soundness. His discharge, If
ever, would be dependent upon the Of
tense for which he may have been IN
carcerated And that discharge not
to be worked by means of local court.
or boards. of trustees, but by board
composed Of insanity experts, meeting
at stated times during the year, either
at the institution or at the state capito:
where the case of particular indivi
dual might be presented, and each case
considered in the light of its own facts
, and circumstances the history and tine
necessity of the defendant"
Prosecutor Day went on in his paper
to give instances of where this class OF
insane had committed great crime.
when allowed their liberty. He recite;
the case Of Gigante, who killed Homer
Stone and George Jacobs in the work.
house, and other local instances in
this and adjoining counties.