Journal of Criminal Law and Criminology Volume 31 Article 6 Issue 3 September-October

Fall 1940 Some Suggestions for Treating the Defective Delinquent Joseph P. Andriola

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Recommended Citation Joseph P. Andriola, Some Suggestions for Treating the Defective Delinquent, 31 Am. Inst. Crim. L. & Criminology 297 (1940-1941)

This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. SOME SUGGESTIONS FOR TREATING THE DEFECTIVE DELINQUENT (References in the text are to the Bibliography at the end of the article.)

Joseph P. Andriola

The great alarm over feebleminded- Moron, is a term, primarily used in the ness so prevalent during the first two field of psychology, with no relation to decades of this century was due, no sex, which refers to one whose mental doubt to (1) the rediscovery of Mendel's age is at least eight years if an adult, laws of heredity, (2) the rise of the and whose intelligence quotient is at eugenics movement, and (3) the wide- least fifty if a child. spread influence of geneological studies There are probably as many defini- of degenerate and defective stock, all tions of the term feebleminded as there three augmented by the development are variations among feebleminded peo- of mental tests. Pseudo-scientists, self- ple. Frequently it is used synony- styled patriots, and other quacks, mously with mentally retarded, weak- loudly condemned the feebleminded willed, and other similar expressions. person as a mean to further their sev- Perhaps one of the most lucid and gen- eral ends. Unfortunately even many erally accepted definitions is that of scientists and other workers in the Stanley P. Davies which states that field believed that the feeblemined per- feeblemindedness contains three essen- son was the greatest menace in society. tial and interrelated concepts: (1) Suggestions for dealing with him in- marked limitations or deficiency of in- cluded wholesale euthanasia, steriliza- telligence, frequently associated with tion, mass segregation, and an attitude other shortcomings of personality, of indifference which claimed that nat- which is due to (2) lack of normal de- ural selection would sooner or later velopment, rather than to mental dis- bring about his extinction. Even today, ease or deterioration, and which mani- after the great strides made in the fests itself in (3) social and economic study of mental deficiency since the incompetence.' World War, many persons-a surpris- It will be noticed that this definition ing number of them in our more edu- is primarily a functional one which is cated groups-still think that the flexible enough to include wide varia- feebleminded individual is a grotesque tions of individuals and yet not so broad creature who thrives on rape, hence as to make the group difficult of iden- should be summarily imprisoned. No tification. Its fundamental criterion doubt this view is responsible for the based upon that of the British, appears growth of the misnomer "sex moron." to be a social one. This view holds that I Probation Officer, Juvenile Court of Toledo, Social Administration. Olo, on leave for graduate study at the Uni- - Davies, Stanley P.: Social Control of the versity of Michigan Institute of Public and Mentally Deficient, 1930, p. 2. [ 297 ] JOSEPH P. ANDRIOLA in the final analysis the test for deter- Although the upper limits of mental mining feeblemindedness does not rest age and intelligence quotient for moron upon the individual's intelligence rat- are not given, the Association adds that ing. alone but on whether or not he as a rule the upper limit for the diag- adjusts in society-that is, whether he nosis of mental deficiency should be an can meet the minimum standards of intelligence quotient of sixty-nine, but good citizenship imposed by society. this limit should not be adhered to in Thus a series of criteria to be used for cases where medical, social and other determining feeblemindedness should factors clearly indicate that the patient 4 include the following: physical exam- is mentally defective. ination, complete social history, and There are various estimates- of the mental examination. number of feebleminded in the United By the use of such criteria it would States, ranging from 1/2 of 1% to 3% be obvious that the person with a men- of the population. A conservative fig- ure would be about 1,000,000 or less tal age of eight years who has good than 1%. In this group we find what social habits, a simple job to provide are known as defective delinquents for his needs, and keeps out of trouble, which includes the feebleminded juve- would not be classified as feebleminded. nile offenders and the feebleminded On the other hand, a person with a adult criminals. A well known student mental age of, let us say, eleven or of the subject defines defective delin- twelve who fails to adapt himself to quents as those feebleminded in whom the competitive struggle of living ac- antisocial and criminal tendencies are cording to the accepted standards of found to be so deep-seated as to require society or whose behavior is antisocial care and treatment quite distinct from would be classified as feebleminded. that of the usual mental deficiency in- Thus we see that the question of the stitution.' individual's total personality which Studies in the past decade and a half some writers call the Personality Quo- generally agree that about 10% or 100,- tient should be the determining factor 000 of the feebleminded population is and not his intelligence alone. composed of dangerous criminals. When In 1934 the American Association on this figure is compared with a total of Mental Deficiency 3 adopted the follow- 500,000 dangerous criminals' in the gen- ing scale based on the Stanford-Binet eral population, it reveals that one out test: of every five of these criminals is fee- Mental Age Intelligence bleminded. Allowance is made for the Feebleminded in Years Quotient fact that feebleminded offenders are Idiot ...... 0-3 0-19 more likely to be apprehended. This Imbecile ...... 3-7 20-49 in the studies7 sum- Moron ...... 8- 50- is amply illustrated

3 American Association on Mental Deficiency, 6 Hoover, John Edgar: "The Part of Youth Proceedings and Addresses of the 58th Annual in Law Enforcement." Radio Address, June Session, held in New York City, May 26-29, 1934, 22, 1936. p. 415. 7Michael, Jerome, and Adler, Mortimer, J.: 4 Ibid. Crime Law and Social Science, 1933. Pp. 88-169. 5 Davies, Stanley P.: Ibid, p. 132. SUGGESTIONS FOR TREATING THE DEFECTIVE DELINQUENT marized by Jerome Michael and M. J. the event that he is admitted to the Adler which show that between 20% institution for the feebleminded, the and 50% of the apprehended group is defective delinquent invariable fails to definitely feebleminded. Although there make an adjustment and his delinquent is and probably always will be some behavior spreads to other previously disagreement regarding the exact size docile inmates leading often to various of this group there seems to be general forms of aggression including even ar- agreement that the defective delin- son and murder within the confines of quent does not profit by the methods the institution. and techniques employed in the treat- If the child is placed in an institution ment of delinquency or by those em- for juvenile offenders the problem be- ployed in the treatment of mental de- comes worse. Less well endowed men- ficiency, either in or out of the insti- tally than the other children there, he tution. With negligible exceptions the is easily led by them to antisocial acts states do not have special provisions which only result in punishment for him for the treatment of defective delin- from the people in charge. quents. But suppose that the best of the Let us first examine what happens above "solutions" takes place, namely, to the defective delinquent child who is that the child is returned to the brought before the juvenile court. community under the supervision of There are usually three dispositions a probation officer with requisite that can be made: he may be commit- training. In the first place no matter ted to the state institution for the fee- how skilled the officer is or how many bleminded, sent to an institution for extra hours he works, his usual large juvenile offenders (the "reformatories" caseload precludes adequate supervi- and "boys training schools," or if a girl sion. It must not be forgotten that to comparable institutions for girls), or treating the young delinquent and espe- returned to society with or without the cially the defective delinquent involves benefit of supervision. treating him in relation to his family Now let us look into these three dis- and in relation to society. Since society positions. Commitment to an institu- is anything but understanding in its tion for the feebleminded rarely means attitude toward this type of child, his immediate admission there. In prac- effective supervision requires, besides tice it involves returning the child to family casework, another type of social society to await a vacancy in an already work: community organization. There- crowded institution. As illustrated by fore, even if we grant that the proba- a recent article8 in the Detroit News, tion officer's caseload can be kept when the institution is ready to receive within the reasonable limit of twenty- him he may have committed one or five or thirty cases he woull have to more serious offenses, perhaps even do community organization work in murder, or have left the community. In addition to his regular family casework. 8"855 Imbeciles Loose in the City." November 14, 1939. JOSEPH P. ANDRIOLA

Even the best probation officer is not ing, he may have to be kept in a jail, adequately trained to do this. And obviously unsuited for a juvenile of- there is no reason why he should be. fender. His job is to help delinquent children Now let us examine the adult of- of normal intelligence help them- fender who is feebleminded. In dealing selves become good and happy citizens. with him we have a somewhat different In dealing with the problems of de- problem. He does not come under the linquency we must always bear in mind fairly benevolent guidance of the juve- two things: the effect on society and nile court but is brought before the the effect on the individual. Society, is criminal court. There he is usually placed first and for a -specific reason, sentenced to jail, workhouse, or pene- namely, that the protection of society tentiary, or he may be released with a should be the first responsibility of the reprimand or a suspended sentence. court. Then comes the responsibility He may also be placed on "probation," of protecting the delinquent individual. the circumstances of which vary from That the court does not succeed com- state to state and in general are most pletely in this dual task is obvious unsatisfactory. but we must not be too hasty to con- With the exception of New York and demn it. By its very nature the court's Massachusetts, none of the states have function is defined: it is set up by law, institutions for defective delinquents. thus existing in and by the collective However, Pennsylvania is to be com- will of all the people for whom we use mended for its plan to cope with the the general term, society. Therefore problem. Within the next year it is it is obliged to operate within the rigid expected that the Pennsylvania Indus- confines of the law which usually trial School at Huntington will be- does not provide for the most effective come the Pennsylvania Institution for way of accomplishing this twofold task. Those who have had experience in- Defective Delinquents. It will house dealing with the chronic behavior prob- feebleminded males fifteen years and lems of the defective delinquent child over who have been convicted of crime whose offenses may include setting fire or have shown criminal tendencies. to property, sexual aberrations, physi- Thus in forty-six states the adult fee- cal violence, or the persistent playful bleminded offender is thrust into one pastime of throwing stones at the wind- of our penal institutions or returned to shields of passing automobiles, realize society. In prison he usually fails to that frequently the practical thing may make an adjustment and back in soci- be to commit him to an institution de- ety he does not remain long before signed for his care. If he cannot be being brought into court charged with admitted immediately he may-again additional crimes. As pointed out as a practical or expedient measure- above, there are at least 100,000 of these have to be held in a detention home. criminals in the country today. Some Where such a home is crowded or lack- are at large and over 90% of those who SUGGESTIONS FOR TREATING THE DEFECTIVE DELINQUENT are incarcerated will sooner or later 1. Psychiatric clinics should be provided return to society. for all criminal courts. Examination of offenders should not depend on the One suggestion for coping with them discretion of some court official but would be to emulate the Massachusetts all persons brought before the court system. There the court can legally should be examined. make and record a finding of Defective 2. When the clinic finds a person feeble- minded and the court finds him guilty Delinquent, and commitments of men- of crime he should be classified as a tal defectives are made to the Depart- Defective Delinquent. Instead of re- ment of Mental Diseases. From that ceiving a criminal sentence involving a fixed minimum time of incarcera- point on, this department handles the tion, he should be committed for life. problem of institutionalizing persons in This plan involves questions of legal- either an institution for the feeble- ity which could be worked out jointly by law makers, specialists in the care minded or one for defective delin- of the mentally deficient, and crim- quents, by supervision in the commu- inologists. nity, or by discharging him entirely. 3. Efforts should be made to foster establishment of special institutions In New York, by legislative act of for this type of offender but in the 1921 a special state institution for male meantime the most practical place of defective delinquents sixteen years and segregation is not in institutions for the feebleminded but in special units over was established at Napanoch. This or wards set aside in penetentiaries was the first institution of its kind in so that he does not mingle with the the United States. It receives for in- other prisoners. determinate commitment those con- 4. Opportunities should be provided whenever possible, for continued victed of all offenses except first degree study and research by qualified per- murder. If the superintendent believes sons of the institutionalized defective an inmate's release to society is un- delinquent. warranted he may be kept there for The treatment of the defective de- life. Thus in both Massachusetts and linquent child presents a slightly dif- New York the law has recognized the ferent picture since it is generally be- existence of the defective delinquent lieved that there is hope of retraining and has made special provision for him. him. Still we must go slowly and Also in 1930 the Federal Government accept only those data which have been established an institution at Spring- proved by repeated empirical studies. field, Missouri, for the care and treat- Techniques for understanding his men- ment of Federal offenders who are tal mechanisms are far from fully de- mentally defective. It houses defective veloped. He does not react to social delinquents, psychopaths, psychotics, situations as other children do. Neither sexual perverts and some chronic med- can he benefit by psychiatric treatment ical cases such as those suffering at its present stage of development. No from tuberculosis. matter how well behaved he may be in The following are some further sug- a rigidly controlled environment like gestions for dealing with defective de- an institution for the feebleminded, he linquent adults: will frequently commit serious offenses JOSEPH P. ANDRIOLA 302 5. In cases of defective delinquents, as soon as this control is removed. commitment for life in institutions program is Therefore the following designed for their care. Where such suggested: an institution is lacking, commit- ment should be to a special unit set 1. The program should first of all have institution for available the services of specialists aside for them in the in the fields of education, medicine, the feebleminded. psychiatry, psychology, social work, 6. Intensive institutional program of and sociology. training especially for the moron 2. Intensive efforts for early detection group in the hope of returning some of mental deficiency through schools, to society. private physicians, child guidance the discretion of a board com- clinics and other similar sources. 7. At posed of the above named specialists 3. Complete mental and physical exam- the director of the institution, ination of patients to determine and tried in promising extent of deficiency. parole could be cases, providing that an adequate 4. Automatic registration by govern- and competent staff exists for carry- mental agency set up for studying, ing on the supervision in the com- training, and treating of all the munity. Also, provision should be mentally deficient. The American made for the return of parolees to Association on Mental Deficiency the institution without any legal or provide invaluable data and could at any time that for establishing such an other impediment advice deems advisable. agency. the board