Every evening, Wilmington daily commercial., 1918-08-15
Crime and axes
WHY BOTH INCREASE
BY Frederic J. Haskin

! ~
Of century behind the times. In the light
OF modern scientific knowledge they are
practically and theoretically absurd.
That is the gist Of report which DR.
William J. Hickson, director Of the
Psychopnthic Laboratory OF the Chicago
| Municipal Court, has made to Chief
Justice Harry Olson. II is based upon a
study Of over four thousand criminals IN
| the scientific laboratory which Judge
Olson and the judges Of the Municipal
| Court have established in connection
with the city courts OF Chicago, and is the
first extensive study Of American crime
and criminals which has ever beon made,
from the viewpoint Of modern medicine
and psychiatry.
II offers proof that nearly all crime IS
committed by persons mentally defective;
| that punishment, other than dehth or lie
| imprisonment, does not act as deter
rent To crime because the criminal IS
motivated by impulses beyond his CON
troll: and that, therefore the whole theory
of our criminal law is wrong and their
effect in preventing fundamental crime
almost negligible
BY NO MEANS NEW THEORY
| This report does not pretend to present
a new theory Of crime, but one which has
been recognized and successfully practlc-
| ed in Europe for more than 20 years. Dr.
IIickson has been q student IN leading
| European crime clinics, and has merely
brought 10 America what has been test
| ed and proved abroad.
The report is especially significant Mt
| this time. because the whole uDsolved
problem Of the delinquent citizen has been
| brought sharply 70 the fore by his IN
| duction into military service. About two
per cent Of the population is mentally de-
| fectivc and large percentage OF these two
millions OF people are either actually or
potentially criminals. defective IN
civil life is dangerous, but in an armed force
! his presence is a catastrophe. Yet our
government, when we entered'the war, had
neither method nor trained men Tor
| identifying and eliminating these recruits.
! That is why we have heard 50 much Of
soldier crime and military executions.
| Now the War Department IS al work on
| the problem Under Major Yerkes, OF the
! Surgeon Generals Office, n system OF
! mental tosts has already been instituted.
| These alone are insufficient; for the dag
nosis Of detectives is a ma tier OF medicine
and psychiatry even more than OF psy-
! cholOgY. The Chicago fsychopatnic
Laboratory has worked out a complete
War Department is making a study of
methods, and steps are being taken to
give the American army and navy effec-
| tual protection against the delinquent and
the defective
ANOTHER GREAT REASON WHY
This government work in the diagnosis
of delinquents is of the highest importance
for another reason II properly carried
out. it will be DO less than a sitting and
sorting of the male population OF America.
And this will leave in government hands
tens of thousands of insane and criminals,
who will have to be cared for; it will
bring the whole problem sharply 10 the
attention of the Federal power.
This report Of the Chicago Psychopath-
ic Laboratory is a challenge TO every clty
and TO every citizen in the [ nlted States.
II tells the taxpayer that ne Is paying
heavily for police force 70 catch crlml-
nails, for courts 10 try them, Tor lails, penl-
tentiaries and asvlums TO confine them,
and that in spite Cf all, crime Is increasing,
This alone is proof which any layman
can grasp, that our legal theory OF crime
and punishment is somehow wrong.
The daily comedy OF the courts Is an
other proof. And the legal theory OF crime
is bound 10 be wrong, as Dr. dickson
points out, because the Law looks back
ward to precedents the older the better,
dlsregardirg the progress Of forward
looking science. 1t sits facing the tail OF
its donkey, and tries TO steer ITS course BY
landmarks far behind, while the traffic
ahead presents an ever-shliung problem.
AMONG LEGAL THEcRIZING.
The legal theory of crime and punish
ment has the charm OF simplicity. 1t
holds that il a man commits a crime and
is punished, he will refrain from doing
the same thing again, and that the eN-
ample or his misfortune Will deter others
from doing il. This theory is undoubtedly
applicable TO normal persons Ard the
law recognizes insanity as a factor III
| crime Ii says that il a man IS SO crazy
that be cannot tell right from wrong 1t Is
useless to punish him for wrong-dolng.
This SNUG and complete legal theory OF
| crime is of very ancient standing II IS
descended from the Biblical rule Of an eye
for an eve and a tooth for tooth. II is
supported BY precedent of the most inn
pressive kind The great lawgiverS Of all
time, from King solomon to the Lord
High Chancellor OF England, have rem
dcred their decisions in accordance with it.
But certain European scientists by the
ra deal method of studying the criminal
asking him questions, learning his heredity,
| saving open his skull and looking at his
brain-have rendered the wisdom Of
| Solomon and the Lord High Chancellor
practically negligible They have IN effect
! thrown His Lordship out Of court,
They have shown, In the first place,
| that only very small percentage of
crime is committed bv normal persons;
| that abnormal persons are not deferred
either by the experience or by example of
punishment, because they are driven to
| crime by impulses beyond their control,
and that, therefore, the punishment
theory is not applicable to them This is
| also empirically proved by the fact that
nearly all criminals are punished again
and again without being reformed, and
| without any dim mutton in the volume of
| crime committed.
Science shows that the legal theory that
a man should be punished for his crimes.
if he can distinguish between right and
! wrong, is equally fallacious. For many
or mlnals afflicted with dementia praecox.
for example, are we'll aware what is Grim
| inal and what is not, but are inevitably
driven TO crime by impulses of their dis
eased brains.
DISAGREE WHILE PATIENT DIES
| Furthermore, the law, failing to see
| the role which insanity plays. has failed to
| provide any adequate means of identity
| ing insanity. The courts regularly call in
| all sorts of doctors to give expert tcsti-
| mony as to the sanity of persons on trial.