Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-10-16
HOW MIND PLAYS
PART IN CRIMES
Prison Association Convention
Is Also Told of .Simplified
Prosecutions.

INDIANAPOLIS, Oct. 16.--In pa
per on 1.-THE Mental Factor in Crime"
read before the American Prison As
ISOLATION here today, DIR. Daniel Phe-
Ian. of Kingston, Ontario divided in
sane criminals into two general
classes; those who suffered from cpl
lepsy and those who show some of the
many forms of mental abnormality.
The insane criminal he defined as "a
person who whilst insane commits a
VIGOROUSLY anti-social act, usually as
the result of an irresistible impulse.
DR.. Phelan is surgeon of the domin-
ion penltentiary at Kingston and sec
rotary of the physicians branch of
the Prison Association. He said that
of the numerous questions with which
physicians have to deal the mental
factor in relation to conduct is "one
of the most difficult and at the same
time one of the most important, as 1t
not infrequently involves the question
whether the individual is to be de.
prived of his rights, his privileges, his
liberty or even life itself"
'There is a false impression abroad"
he continued, that the greater num-
Der of prisoners in penal institutions
are insane" He pointed out the diff
Guilty of determining where sanity
ended and insanity began and quoted
authorities to the effect that "a per-
fectly healthy mind with perfectly
healthy, well-regulated passions has
never been known or heard Of"
VIII Tend to Guard Society.
This recognltlon of the abnormal
class" he said, land their proper
disposition according to the de-
gree of their abnormality, will
have tendency to safeguard
society, and on an economic basis
good results may be obtained. This
on certain specific principles, and IL
ought to be the duty of those who ex-
ercise authority over this class of de-
fectlves to study all the weak points
in their disposition and character,
and note the first awakening of con-
science in them, so as to be able TO
correct. if possible, the detection In 1t,
and direct it into the proper channel,
for there may be yet a certain ele-
ment of goodness which requires to be
cultivated and brought to the surface.
1.-THE man who, under an actual fit
of mental disturbance, due to some
exciting cause, commits a crime, does
not rightly belong to this class, and
from the nature of his acts and the
circumstances attending them, HIS
condition may be at once recognized.
The number in this category Is not so
large as it may at first appear, as the
mental condition Is discovered before
acts against the law are committed.
To remedy the present delays and
uncertainties of criminal prosecu-
lions the standing committee of GRIM
inal law reform reported number OF
recommendations. The report says:
1.-THE best guaranty against crime
Is the certainty and CELEBRITY of its
prosecution and punishment, and this
should be the aim of the criminal
law and it's administrators"
The Recommendations.
The recommendation follow:
Il. Legislation or constitutional
amendments should be had requir-
ing courts of criminal appeal to dis
regard error in the admission or re-
lection of evidence, or in the instruc-
ton of the Jury where the guilt OF
the defendant is plain. The point
aimed at is an ascertainment OF
guilt.
80. The existing privilege of the
defendant to remain silent without a
privilege existing In
the prosecution to comment on his
silence should be abolished. The de-
PENDANT In several jurisdictions now
Is REQUIRED to take the same risk as |
any other witness. The defendant |
should not be permitted to plead
prior jeopardy in the event of a mis-
trial or retrial unless the merits of
the issue have been in some form
actually determined.
"S. Indictments and information
should he simplified and amendments
hereto made easy. The requirement
should be that the defendant be ad-
used with reasona BILE certainty of the
charge against him Peculiar forms
Of language should be abolished and
substituted for the common
aw method of pleading.
"a. All available testimony con-
the issue should be made
available.
"A serious defect in our present
,ystem is the fact that a witness
against whom no criminal charge is
pending NAV, by simply crossing an
invisible State line. avoid the sub
ooena of the jurisdiction where the
crime was conInlIieu, ana tluS fen-
lev impossible the prosecution of the
offender There should be provided
some method of Interstate rendition
IF witnesses.
I'm this connection legislation
should he sought in all States maxi
ng available in the court irving the
Indictment the testimony of witnesses
.aken in anv lower court or taken at
an earlier trial and who are either |
dead or absent at the time of the