Some Suggestions for Treating the Defective Delinquent Joseph P
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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 Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons 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.