The New York herald., 1922-04-16
Mental Detectives.
Lawson Purdy Explains the Pur.
poses Of the knight Law.

To THE NEW YORK HERALD: Much
that has been written about the mental
deficiency bill indicates a very hopeful
1t seems sometimes as though the tra-
ditional attitude Of the American people
toward the liberty OF the individual was
sadly weakened.
Unfortunately much of what has been
said and printed about the mental de-
ficiency bill has been without knowledge
Of the existing law and of the provisions
OF the bill now before the Governor.
The mental deficiency law defines men,
tai defective as meaning one afflicted
with mental defectiveness ito such an
extent that he is Incapable OF manag-
Ing himself and his affairs. who for his
cwn welfare or the welfare OF others OF
the community requires supervision, con-
troll or care, and who Is not insane"
Many who have writtena about the bill
assume that all subnormal persons are
mental detectives. and the number has
been placed at 10000 in the State. II
there are 10000 subnormal persons but
q very small fraction Of them are mem
tai detectives. 1t has been said that
the unskilled labor OF the world 10
largely performed by persons of less
than so-called normal mentality. How
ever this may be, there are many sub
normal persons who are not incapable OF
managing themselves and who do not
require supervision for their own wel-
fare or the welfare OF others.
From time to time subnormal persons
are discovered who are mental defec-
tives within the meaning of the mental
deficiency law and should be supervised.
Our means OF procuring that supervision
for them are to-day inadequate. Among
other things the mental deficiency bill
adds to the law a. procedure which for
other purposes has been common from
time immemorial.
We have been accustomed, and with
reasonable success, to rely upon the
common sense and good faith Of the
magistrates OF inferior criminal courts.
Any person may to-day lay information
before any magistrate that some person
has committed a crime or misdemeanor.
Sometimes that has been done mali
ciously and sometimes ignorantly. Inno-
cent persons have been accused wrong.
fully, have been arrested, have been
Imprisoned. This Is sad, but the num-
ber has been incohsiderable compared
with the number Of persons who have
been accused and who were imprisoned
rightfully
We do. not think of changing our an
cient rule allowing any one to complain
to a magistrate and being responsible
for making the complaint. If he COM
plains maliciously he car be punished.
and sometimes he is punished. For a
good many years any one could lay In
formation before magistrate that a
person. was insane and dangerous TO
himself and others. In such a case the
magistrate has been and Is bound to
issue a warrant. We have heard OF no
abuse OF this provision OF law.
Now It is proposed that these same
provisions shall be Incorporated in the
mental deficiency law. so that any per-
son may lay information before a mag
istrate that a person Is a mental de-
fective. The magistrate must be satis-
ned Of the truth OF the information and
then he may issue a summons requiring
the person to attend before him, or if
the person falls to attend he may issue
. warrant. Then what may the magis-
trate do? The magistrate may not i'm
prison the alleged mental defective, he
may only commit for physical examina-
ton to the proper hospital.
Thereafter IL the person Is found TO
be q mental defective he can only be
committed by the procedure already pro-
vided In the law. The new provision
is only for the purpose or starting a
procedure which may result in follow
ing the course OF the law to a final de-
termination OF whether or not the person
Is In fact mental defective and must
be confined in an institution or COM
mitted to the guardianship Of relative.
There is here no possibility OF rail.
roading q man to prison. None OF the
safeguards interposed between the citi.
zen and his detention In an institu-
tion are done away with. His liberties
are as well safeguarded as they are
now. What is provided is a mode or
protecting a subnormal person, inca
pable of taking care OF himself, and who
ought to be supervised foqshis own well
fare and the welfare Of others
LAWSON PuRpr,
Secretary the Charity Organization