Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-30
Punishment or Cure

In The Stars Sunday Magazine today
is an article entitled For Judge or Sur
geon?" which calls for careful considera-
ton as the suggestion of a means of
solving some phases of the crime problem
and correcting unwholesome tendencies
on the part of some of the unfortunates.
Dr. Bowers the author. advances the
proposition that in many cases criminal
tendencies are the result of abnormal
physical conditions, in some cases due to
disease and in others to mechanical inter-
ferences with the free action of the
brain. He instances cases where sur
gical skill has wrought cures of appar-
emily hopeless conditions of mental de-
ficiency. and also cases of successful
medical treatment producing complete
changes in the moral natures of ~indi-
viduals. His conclusion is that in deter
mining the degree of criminal RESPONSE
bility the courts should have the assist
ance of scientists capable of judging the
|~chysical defects of the defendant and the
possible means of their correction. In
other words, the surgeon might render an
important service to the state by inter-
vening to prevent the application of the
purely punitive phases of the law.
Dr. bowers Iued Is not ldHtdotIN. oii
the contrary, it is supported in large
measure by known facts. and it deserves
trial in some form for the purpose of les
SEEMING the heavy social waste represented
in the sentences of Imprisonment imposed
upon offenders. If person is physically
deficient in a manner to AFFECT the moral
character, it is surely the duty OF the
state to seek to cure rather than merely
to punish. Crime. according to DR.. Bow
ers. is a symptom of a condition that is
possibly, subject to correction. If there
is a brain pressure due to a fracture OF
the skull and the person becomes thief
or pyromaniac. or develops cruel tend
encies, the court before which the case
is brought when finally crime has been
committed should have the benefit of ad-
vice by specialists who can determine the
degree of moral responsibility and per-
haps effect a cure.
Many cases of crime are brought before
our courts which turn in their final issues
upon the question of insanity. Under the
present system those issues are left to
Jury of laymen before whom the opinions
of so-called experts are given In OFTEN
confusing volume and detail. There is
no assurance of authority on either side.
The defense hires it's experts and the
prosecution engages it's own, and the two
sides present Numerically opposed con-
illusions. The Star has often urged that
all such issues should be referred to i'm
partial scientific commissions. named by
the court and not by the opposing inter-
ests Mr.. Bowers suggestion is along the
same line, although he goes further In his
proposal and would have attached to
every court medical and surgical experts
qualified to pass upon the question OF
| physical deficiency in it's relation to mora
SHORTCOMINGS If through such a system
men who are now sent to prison and boys
| who are sent to reformatories could be
| given medical and surgical treatment cor
| recting their bodily faults and thus re-
! storing their moral balance, society would
be heavy gamer in terms OF citizen
| ship and order.