Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-09-14

The prosecution case, built on the
assumption that this was an ordinary
murder. is completely upset by the
surprise plea. Critics suggest that
the defendant be required to make his
plea of insanity at his arrangement
Another suggestion is that the
judge be required to order the con-
t1nemeht of the defendant in a State
hospital for 80 days after the plea
is made. There he couio be observed
by the States experts in an effort to
test the validity of his plea.
The employment or high priced
to by the wealthy criminal in an eff
fort to evade justice.
The Loeb-Leopold case, which
brought into the Chicago courtroom
whole battery of mental experts,
is an example of the uses to which
alientists' testimony is put.
1t is the practice of the defendant
resorting to an insanity plea to hire
the best expert opinion he can afford
The State, on the other hand sum-
mons its own staff Of mental scien-
fists.
Neutral Experts Urged.
Aside from the fact that the average
layman cannot begin to comprehend
what the alienist in his most expert
moments is talking about, there is the
question of the value of the experts
testimony in view of the fees paid
them. Prominent psychoanalysts are
men of great earning power and do
not give their time to murder defense
unless they are we'll paid. The ex-
perts in the LOeb-Leopold trial were
paid about 100000 by the defense
Other altenists have obtained proper
tionately greater sums for their serv-
ices.
Severa; weeks ago the American
Psychiatric Association met in New
York and one of it's committees took
up the question Of alienists as trial
experts. DR.. Karl A. Menninger of
Topeka, Kans., was chairman of this
committee, which included DR.. William
A. White Of ST. Elizabeth's Hospital,
DR.. William Healy of Boston and Dr..
Bernard Gluck of New York, all of
whom testified at the Loeb-Leopold
trial.
The committee suggested that the
practice of opposing sides hiring
mental experts to appear at criminal
trials be done away. Instead, they
would have the presiding judge ap-
point a neutral expert from a list fur
nished by the Psychiatric Association.
The expert would be paid by the State
and hence his testimony might be
more unbiased than under the present
system.
The committee of psychiatrists also
suggested the substitution of curative
treatment of criminals for prison pnn-
ishment and the appointment of resi-
dent psychiatrists in courts and penal
institutions.
CHAPTER III.
The contribution to the symposium on
on request by English Bagby professor Of
psychology at the University Of North Caro-
versity.
Many lawyers, prison officials and
laymen," said Prof. Bagby, take the
attitude that the causes of crime are
unimportant. Their theory is that if
sufficient deterrents are provided crime
will stop. Unquestionably, the legal
system needs improvement. There are
any number of loopholes through
which the criminal escapes, and these
must be closed. But most important
of all for the permanent solution of
crime is a proper understanding of
how crime happens"
Prof. Bagby expressed disagreement
with the older schools of criminology,
which attempted to isolate a single
cause of crime and trace it's workings
in every violation of the law. LON
broso's theory of race of criminals"
and other one-cylinder interpretations
Of crime have been thrown into the
discard. Modern students offer no
formula of causes, but take the view
that any of a thousand possible causes
may have brought about the crime.
Four Crime Factors.
There are four general types of
factors" Prof. Bagby said, ''which'
may result in criminal activity. The
heredity Of the criminal is the first
factor. Another is the training and
experience throughout his life down
to the very commission of the crime.
The third factor is the actual condi-
ton of his nervous system at the mo-
ment of the crime, and, finally. there
is the external situation in which he
happens to find himself.
Prof. Bagby quoted figures to showi