The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-08-15
TOPEKA STATE JOURNAL
INFORM A TION
Blu RE AU
FREDERIC J. HAsKIN. Director.
Washington. D. C.
CRIME AND TAXES.
why Both Increase.
Washington. D. c.

without IN the ledSt DIMINISHING tiic
number of them at large, or the
amount of damage they do. Its GRIM
inal laws, criminal courts and penal
institutions are at least a quarter of
a century behind the times. In the
light of modern scientific knowledge
they are practically and theoretically
absurd.
DIR. William ]. Hickson, director of
the Psychopathic laboratory of the
Chicago municipal court has made to
Chief Justice Harry Olson. 1t 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 GRIM
inals which has ever been made, from
the viewpoint of modern medicine and
psychiatry. 1t offers proof that nearly
all crime is committed by persons
mentally defective: that punishment
other than death or life i'm prisonm ent
| does not act as a deterrent to crime
| because the criminal is motivated by
impulses beyond his control; and that,
| therefore, the whole theory of our
| criminal law is wrong, and their effect
| in preventing fundamental crime al
most negligible.
This report does not pretend to pre-
| sent new theory of crime, but one
I which has been recognized and sue
cessfully practiced in Europe for more
\ than twenty years. DR.. HickSop has
| been a, student in leading European
| crime clinics, and has merely brought
| to America what has been tested and
! proved abroad.
The report is especially significant
! at this time, because the whole I'M
solved problem of the delinquent citi-
| zen has been brought sharply to the
| fore by his induction into military
| service About two per cent of the
| population is mentally defective, and
| a large percentage of these two mil
J lions of people are either actually or
| potentially criminals. A 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 for identifying and elm
| mating these recruits. That is why we
| have heard so much OF soldier crime
/ and military executions.
Now the war department is at work
on the problem. Under Major Yerkes
| of the surgeon generals office, a sys-
tenn of mental tests has already been
| instituted. These alone are insuffi-
cient; for the diagnosis of detectives
| is a matter of medicine and pyschia-
try even more than of psychology. The
Chicago psychopathic laboratory has
| worked out complete method for
| making such diagnoses. The war de-
| partment is making a study of meth
DDS, and steps are being taken to give
the American army and navy effectua1
protection ;.gainst the delinquent and
the defective.
This government work in the dag
nosis of delinquents is of the highest
Importance for another reason. If
properly carried out, it will be no less
than a sitting and sorting of the male
population G America. And this will
l. r1f
thousands of insane and criminals,
who will nave to be cared for; it will
bring the whole problem sharply to
the attention of the federal power.
This report of the Chicago Psyche
pathic laboratory is a challenge to
every city and to every citizen in the
, United States. It tells the taxpayer
that he is paying heavily for a police
force to catch criminals, for courts 20
try them, for jails, penitentiaries and
asylurns to confine them, and that i'll
spite of all, crime is increasing. This
alone is proof, which any 1ayrnan 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 to be wrong. as Doctor
Hickson points out, because the law
looks backward to precedents, the
, older the better, disregarding the
progress of forward-looking science
1t sits facing the tail of its donkey
, and tries-to steer its course by land
marks far behind, lille the traffic
. ahead presents an ever-shiftipg prob
lem.
The legal theory of crime and pun
ishment has tie charm of simplicity
/ 1t holds that if man commits 4
crime and is punished, he will refrain
from doing the same thing again, ana
tat the example of his misfortune will
/ deter others from doing it. Thi.
] theory is undoubtedly applicable tx
normal persons. And the law also
a crime. It says that if man is SC
= crazy that he cannot tell right from
4 wrong, it is useless to punish him fol
4 wrongdoing.
This SNUG and complete legal theor,
of crime is of very ancient standing
1 1t is descended from the Biblical rul,
OF an eye for an eye and a tooth for {
tooth. 1t is supported by preceden
of the mort impressive kind. TIL,
= great law-givers of all time, from Kins
4 Solomon to the lord high chancellol
of England, have rendered their deci
sions in acco rdance with it.
e But certain European scientists. b,
r the radical method of studying the
crfm1nal-asking him questions, learn
ing his heredity, saving open his skull
n and looking at his brain-have rem
: dered the wisdom of Solomon and the
Lord High Chancellor practically neg
:, ligible. They have in effect thrown tn.
Il judge out of court.
It They have shown, in the first place
= that only very small percentage OF
Ecrime is committed by normal persons
. that abnormal persons are not deter.
c red either by the experience or by ex
= ample of punishment, because the,
\ are driven to crime by IMPULSES be
yond their control; and that, there
= fore. the punishment theory is not ap
d plicable to them. This is also EN-
Il pirfcally proved by the fact that near1.
all criminals are punished again ant
again without being reformed. and
s without any din1inution in the vol
y urne of crime committed
v Science shows that the legal theor,
that man should be punished for hi
y crimes If he can distinguish Ntetwee,