The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-10-22
COURTS % GREAT
HARM BY NEGLIGENCE
Fail to Properly Examine Defendants
For Insanity and Bodily Ailments,
Says Expert.

Buffalo, N. Y, Oct. 21.-Amei can
courts are doing untold harm by fall
| Ing to examine defendants properly
| for insanity and bodily ills, DR.. Paul
E. Bowers. medical superintendent OF
the Indiana Hospital for Insane Cri-
American Prison Congress here at its
| recent session.
He said, in part:
I'm a recent study that l made
on one hundred recidivists. each of
whom had been convicted rot less than
four times, twelve of them were In
sane, twenty-three were feeble mind
ed, ten were epileptic. and In each In
stance the mental Effectiveness bore
direct causai relation to their crimes.
No less than one hundred and eighty
trials have been held for these per-
sons. 1t is reported by good authority
that it costs no less than one thousand
dollars to convict prisoner; so at
that rate the lowest possible expense
to the Commonwealth was one hum
dred and eighty thousand dollars. And,
three times, each one of these defec-
tive individuals had been released to
prey upon society, while no permanent
good whatever has been accomplished.
THE presence of insane persons In
penal institutions is extremely de-
trimental to discipline. because they
cannot be punished as a normal pris-
oner should be, owing to their de-
fective sense of responsibility, and ad-
yantages are taken of this human
itarian leniency by the more intelligent
prisoner to commit oAenses against
the rules. No less than seventy-tive
per cent of the men who appear before
the disciplinary officer OF the Indiana
State Prison are mental defective
why has this outrage been per-
mitted to exist as a blot upon the
escutcheon of our social justice? Why
have we stigmatized mentally sick in
dividuals as criminals? The answer is
to be found in our ignorance Of the
psychology OF crime, in the spirit OF
Iaissez faire' of the legal fraternity
which has always been exceedingly
slow to eradicate the evils of our legal
procedure. and who have sought the
protection of bristling, misleading
techntcalities and that much abused
phrase, constitutional rights when le-
gal reforms have been imminent
Il am OF the firm belief. that the
medical and psychiatric examination
OF all prisoners. at the time Of trial,
would go a long way in the solution
of the vexing criminal problems.
Under no circumstances should
there be any attempt to abridge the
right of trial; nor should the court
physician be permitted to usurp the
authority of Judge or jurors. Never
theless the court should be supplied
with scientific data concerning the al
legged criminal.
THE facts of the violation of law
should be first carefully determined
by the court. then the report of the
medical investigation should be sub
mitted to the judge before sentence
has been pronounced, except in those
cases where the alleged criminal is SO
manifestly insane that he cannot in
the least comprehend that he Is being
tried. This information would furnish
the judge and court with the know
ledge that would enable them to decide
whether the individual should have a
suspended sentence, be sent to prison.
TO a hospital for the insane. or placed
| in the hands of a probationary officer.
1T is well understood that such a
change in our methods OF criminal pro-
| cedure would be met with a storm of
protest from the legal fraternity. They
| very probably would consider such
change extremely idealistic and I'M
practicable, they would insist that the
nesses would be curtailed. and, upon
casual consideration. these objections
| seem to be valid and logical. But,
when we reflect that the real purpose
| OF the law is justice and truth, and
not the preservation OF irsplitting
! technicalities. we cannot hold these
| opinions to be OF great worth.
| ut is the height of medical alb
surdty to permit general practitioner
who Is without knowledge and ex-
perience in psychiatry to give opinions
and statements in court which are
! likely TO affect the life or liberty of an
| individual Our present method OF en-
| ploying expert testimony Is productive
of but little good. and great deal
of harm
The great war is tending to cause
an increase of crime all over the
world, F. Emory Lyon, of Chicago.
H., superintendent of the Central Ho-
ward Association asserted. He said:
| With a dozen nations at each
others throats. destroying life and
! property at an unprecedented rate.
can there by any other result than the