CHAPTER XII. SUMMARY AND SUGGESTIONS

1. In our attempt to interpret the volume of results concerning tested

delinquents, we have accepted the common conception that the

feeble-minded are those who, through lack of mental development, are

_social deficients_. They cannot survive in society without supervision.

In the words of the English Mental Deficiency Act, “they require care,

supervision, and control for their own protection or for the protection

of others.” Our present scales of development tests do not detect those

deficients whose failure is not directly due to intellectual incapacity.

We have called those not detected by tests “purely conative cases,” to

distinguish them from the tested deficients, who were said to be

“intellectually deficient.” These conative cases would not be

feeble-minded except for their incapacity for prolonged acts of will.

Deficiency thus specialized in volition is so unusual, however, that the

study of tested deficients gives us a useful picture of the problem of

feeble-mindedness. To get a general view of the relation of deficiency

to delinquency we determined conservative borderlines with the Binet

scale and then reinterpreted on a common conservative basis the results

obtained in more than a score of investigations covering thousands of

objectively selected delinquents who had been tested. This has enabled

us very largely to remove the question of the frequency of deficient

delinquents from the realm of subjective opinion. We may now be certain

that under present conditions the problem of deficiency is most pressing

in institutions for female offenders. The evidence also points to the

greater frequency of deficiency among prostitutes and repeaters, rather

than among ordinary juvenile delinquents. We have thus been able to

restate the problem of the deficient delinquent more conservatively and

to modify some of the current conceptions. This enables us to direct our

efforts more intelligently, with greater foresight, and more hope of

success.

2. A still broader outcome of this interpretative study is to increase

the precision of the test scales for use in the diagnosis of social

deficiency. This has been accomplished by an extended reconsideration of

the borderlines of deficiency on test scales, particularly the Binet

scale. A percentage definition of tested deficiency is suggested for

determining the borderline below which an individual may be presumed to

be so deficient as to justify isolation, and for setting off a distance

above this on the scale for which the test diagnosis of social

deficiency should be regarded as uncertain. By this means it is hoped

that the developmental scale may be made safer and more useful as an

instrument for diagnosing feeble-mindedness.

A quantitative definition for tested deficiency has its main

justification in its success in discovering social deficients and in

predicting social failure. With this in mind the percentages suggested

as representing the social deficients or uncertain cases in the

community were chosen after a careful search through the evidence as to

the success of children who had been in special classes or institutions

and an extensive résumé and analysis of the best expert estimates of the

frequency of social deficiency. The conclusion was that these

percentages may tentatively be placed so that those who would at 15

years of age be in the lowest 0.5% in tested ability among a randomly

selected group, may be presumed to be so deficient as to justify

isolation. Above these the next 1.0% may be regarded as uncertain, since

the bulk of them would require some supervision or guardianship during

life. These two borderlines have then been located on the Binet scale

for both the immature and the mature so far as possible from the

available data. In particular these borderlines for the mature have been

found for the first time on the basis of a randomly selected group.

Besides the records of Minneapolis delinquents these Binet borderlines

for a typical random population of 643 15-year-olds is the main

contribution of new data in the study.

The practical consideration of these borderlines in Part One and their

location on the test scale emphasizes that a test diagnosis is only

symptomatic, that the suggested borderlines on the Binet scale are

determined from limited data which may not be verified in other

communities, that the scale itself is imperfect, and that the results

should be checked by other tests, especially by the school retardation,

a new example of which is given for the Minneapolis delinquents. The

plan of the percentage method of describing the borderlines readily

allows for adjustment to more complete data or better developmental

scales. The alternative to the use of a test record as symptomatic of

deficiency is dependence upon the history of the case or physical signs,

such as are found among Mongolians, cretins, epileptics, etc. These

signs have been found among only about 13% of the deficient children

(_141_). Expert opinion given on the history of the case is clearly less

reliable than such opinion checked by even a crude objective test

standard. In Part Two of this study the theoretical background for the

percentage definition is compared with that of other quantitative

definitions on the basis of the conceptions of mental measurement and

mental development.

3. In attempting to suggest methods for diagnosis and control, which our

summary of the scientific data makes necessary, we shall be led beyond

the evidence presented in this study. To those to whom these suggestions

may seem remoted from the foregoing pages, it may be said that they are

the result not only of a review of the available research work, but also

an outcome of several years observation of the practical handling of

this problem both in this country and abroad. In that study I was led to

visit several scores of institutions and schools for delinquent or

deficient children in Austria, England, France, Germany, Italy and

Switzerland. The methods suggested below for the case of the deficient

delinquent are only modifications of what has been observed in actual

operation.

An adequate diagnosis of deficiency involves not only the accurate

knowledge of the present mental condition of the individual, but an

understanding of the causes of that condition. This requires a complete

family and social history of the individual and a knowledge of the

medically removable handicaps. It would seem, therefore, that such a

diagnosis may be best made by a commission which shall include a

physician as well as a psychologist, or else by an _expert in mental

development_ who is provided with adequate facilities and assistance for

discovering other handicaps than innate incapacity. For the group of

uncertain and conative cases a final diagnosis should, if possible, be

made only after prolonged observation in a temporary home school.

Frankfurt a. M. in Germany seems to have been the first to provide a

specialized observation cottage for uncertain cases among children. This

was established in 1900 and is much used by the juvenile court. Although

it has a separate building and an isolated division of the grounds it

is, however, connected with the local hospital for the insane. An

improvement in this respect was made with the first provincial school

for psychopathic children under compulsory training established near

Leipzig at Kleinmeusdorf. This serves also as a distribution station and

has two observation divisions through which all _fürsorge_ children in

the province pass. Only the psychopathic cases remain indefinitely.

Detention homes for juvenile delinquents in this country quite generally

are used for temporary quarters for cases to be observed, although these

are not isolated from the other children. If an entirely separate

observation institution is not possible, a more definitely recognized

probationary period for observation of the uncertain cases should be

arranged within other institutions. The efforts for clearing-houses for

mental defectives such as that in New York City and the Ohio Bureau of

Juvenile Research will help to distribute individuals to their proper

institutions. The ideal is a separate observation home where all cases

in which the question of mental deficiency and mental disease is raised

may be sent before the individual is labeled. The effect of commitment

to an institution for the feeble-minded, insane, or delinquent can be

guarded against much better if the observation home is entirely isolated

from all other institutions. The separate institution, however, is more

difficult to obtain than a separate division or cottage in an existing

institution. The latter forms a valuable intermediate step and is better

than merely giving uncertain cases additional attention when other

duties permit.

As a matter of legal procedure, diagnosis raises the troublesome

question of expert advice in court. Two decisions have to be made about

each case. First, is the individual deficient enough to justify

isolation or guardianship? Second, considering the means of care

available in the particular community, how should the deficient be cared

for? The first is primarily a question which requires expert knowledge

in mental development and should be so handled. The second decision

requires knowledge about the individual's home and about the facilities

for guardianship or isolation. It should be left with the authorities

thus informed. This will usually be the court unless there is a

commissioner or a committee especially charged with this duty.

An important advance in the legal definition of criminal responsibility

of deficients should be made by avoiding all subtle questions of

psychological analysis such as would be involved in deciding, for

example, under the New York statute whether the accused “was laboring

under such a defect of reason as not to know the nature and quality of

the act he was doing or know the nature of the act as wrong.” Obsolete

legal descriptions could easily be cleared away by adopting the

statement of the law suggested by the Committee of the Institute of

Criminal Law and Criminology for criminal responsibility and insanity.

In substance such a law would then state that the accused was mentally

deficient “so as not to be responsible ... for his acts or omissions at

the time when the act or omission charged was made.” The New York law

places an emphasis on knowledge which should be placed on will, only one

feature of which is an understanding of the situation.

4. What should be the aim in the care and control of deficients and

delinquents after diagnosis also depends upon a proper understanding of

the causes of these conditions. We have summarized some of the best and

most recent investigations in which a notable advance toward solving

this problem has been made by means of the correlation method. This has

proved to be a new and vigorous force for directing social progress. By

no other method have we approached so near the solution of the cause of

delinquency. It enables us to restate the problem of criminality as

mainly a problem in the treatment of a hereditary criminal diathesis in

which mental deficiency is the largest factor. These recent scientific

measurements have deprived neither the eugenist nor the euthenist of the

opportunity for service. There is plenty of congenial work to be done by

those whose sympathies may exaggerate the influence of heredity,

contagion, or training. As in the control of tuberculosis, so with the

diathesis of delinquency, some effect is produced by predisposition, by

training, and by external influences. Unless the present evidence,

however, is outweighed by improved data obtained in the future, the most

strategic point for attacking persistent delinquency is through the

relation to deficiency, with heredity holding the heights.

With the immediate campaign against delinquency centered against the

propagation of the social deficients, we have the atmosphere cleared so

that it is possible to turn attention to the best means of attaining

this end. Sterilization, isolation, or guardianship, by force or by

consent, which of these methods promises best? This is not a question

for detailed discussion here. We may, however, call attention to the

strides that have been made by such legislation as the British Mental

Deficiency Act of 1913 and to the summary of the laws of the several

states in our country published at the University of Washington,

Seattle. The question whether sterilization is desirable must at present

be settled apparently by the judgment whether the benefit in reducing

the propagation of the unfit outweighs the danger to morality through

the temptation of known sterility. The question of isolation of the

sexes by either sterilization or segregation resolves itself into the

question of accuracy of diagnosis and prognosis. Our review of the

uncertainties of diagnosis should make us cautious. When we consider the

social survival of many of those trained in the public school classes

for deficients and when a dozen girls discharged from the Massachusetts

institution for the feeble-minded succeeded in getting along in society

(_164_, p. 49), it would seem wise to place the emphasis on first

isolating those about whose danger to the community through delinquency

or propagation of deficiency there would be the least question. This

would mean those of uncertain mentality who were already repeated

delinquents or in imminent danger and those who were of the lowest

grades of deficiency, not the morons who were of uncertain moral and

mental ability. Among the clearly deficient there is no question but

that the emphasis should be to isolate first the girls and women of

child-bearing age, since their chance of obtaining mates is greater than

that of the deficient males. With doubtful cases public guardianship,

such as that provided by the British Mental Deficiency Act of 1913,

affords a promising remedy. Even those who are of uncertain ability

should, when in danger, be provided with whatever protection

guardianship can give. In this connection a suggestion of Dr. Goddard in

the Survey, March 2, 1912, may be utilized. A court in returning an

individual who is of uncertain ability to his family or guardian may

well warn them: “We shall leave him in your custody, but we insist that

you shall care for him, shall be responsible for him throughout his

life, shall see that he does not get into mischief, and above all that

he does not become a parent. Whenever the time comes that we find you

are incapable of performing or are neglecting this duty, then we shall

take him and place him in a colony.”

The question where to isolate the deficient delinquent, whom Kuhlmann

says is “equally well placed or misplaced in the institution for the

feeble-minded and the reformatory,” (_140_) is answered in substance by

Supt. Murdoch of the State Institution for the Feeble-Minded in Western

Pennsylvania. He suggests that in large states the deficient delinquents

might be cared for in an institution which should bear the same relation

to the state institutions for the feeble-minded and the penal

institutions as is now held by the asylums for the criminal insane.

Where a separate institution is not possible the affiliation with the

institutions for either the delinquents or the deficients may be tried

by means of colonies especially set apart in them. In Massachusetts

these divisions for the deficient delinquent are connected with the

institutions for delinquents.

5. Turning to external influences upon delinquency, we find that their

effect has been measured mainly in connection with the tendency to

repeat criminal acts. It has been shown by Goring that even such

important influences as the example of criminality in the home, kind and

amount of schooling, irregularity of employment, alcoholism, size of

family, low standard of living, early death of mother, etc., have

generally been found not to increase notably the tendency to recidivism

while they do correlate decidedly with deficiency. Nevertheless, it has

not been determined whether these external factors may not have an

important influence upon the first manifestation of the criminal

diathesis even though they tend only slightly to increase recidivism.

Should these external influences prove to be not more than a fifth as

important as deficiency and heredity, which now seems to be indicated,

we need to hunt for other outer influences which may really prove to be

more important.

Among bad external influences as yet unmeasured is maladjustment to

school among those of passable ability. We have given some evidence as

to this which we found among a group of delinquent boys at a county farm

school, when their test records were compared with their positions in

school. As a possible serious source of delinquency, bad adjustment to

school work should be studied further, since it is a matter that could

be easily corrected by the assistance of special teachers. With the

earlier discovery of deficient children by means of mental tests, it

should also be possible more definitely to direct the training so as to

build up resistance to worldly temptations. How much could be done in

this direction we cannot yet say. We have undoubtedly wasted much effort

in the past in trying to create intellectual capacity in those who are

innately deficient in intellect. Fortunately we are now directing our

attention to training them to acquire passable ability in simple

occupations, or to adjust themselves to the life of a colony. In the

education of the mentally weak the most promising field is undoubtedly

with the conative cases with passable intellects. At Templin, outside of

Berlin, there has been established the first home school devoted

entirely to the training of such unstable and inert boys. This

specialized institution for conative cases, which was founded by a

philanthropic society at the suggestion of Prof. Thiedor Ziehen, marks a

most important advance step in the problem of training the mentally

deficient. The results of specific training for the social adjustment of

the intellectually and of the volitionally deficient will be awaited

with great interest.

6. Shall the public authorities have the power to compel isolation and

special training at local or state schools? These powers have already

been provided by laws in a number of states. Thus far the law has not

outstripped scientific knowledge. How far the authorities should use

their discretion under these laws to force isolation is a question which

calls for the utmost good judgment on their part. In case the parents or

guardians of the socially deficient can be convinced of the desirability

of such isolation, this procedure is undoubtedly to be urged. When the

guardian has once consented to the isolation of his charge, he should

not be permitted to remove the individual from such care without the

consent of the proper public authority, which would of course be

reviewable in court. During this period of uncertainty as to the

prognosis of social deficiency, such a procedure would perhaps be

preferable to forced isolation in most cases, since the authorities

might be less troubled by the frequent annoyance of legal actions begun

by parents who had their children forcibly removed to institutions. In

some states unscrupulous attorneys have deliberately stirred up parents

to try to get back their children who had been taken away by force, thus

seriously interfering with the administration of laws for compulsory

isolation. Without the possibility of compulsory isolation of the

socially deficient for an indefinite time, we shall perpetuate the

disgraceful spectacle now observable in many states which cannot legally

prevent a feeble-minded parent removing a feeble-minded girl from an

institution to which she may be brought back a few years later with one

or more illegitimate, feeble-minded children. Our legal omissions should

not thus handicap the wisdom of society. The 1917 codification of the

Minnesota laws relating to defective, delinquent and deficient children

should be seen by those who are interested in the legal aspects of these

questions. It was brought about by the Minnesota Child Welfare

Commission, of which Judge Edward F. Waite was chairman.

7. In case we suddenly segregate for life all those who are so deficient

that we are justified in isolating them, would that solve the problem of

delinquency for the next generation? Although this would be the most

important attack which could be made on the most important known cause

of delinquency, we must still answer that the results would hardly be

comparable with a jail delivery. There is nothing to be gained by

turning our backs upon the facts. Goring has estimated that 7.2% of the

male population of England and Wales commit crime before death. We could

not possibly suppose that more than 1% of the male population could be

justly isolated for deficiency. Even if all the deficients committed

crime, at least six-sevenths of the criminals in these countries, about

which we have the best means of estimating, are presumably individuals

who could not be isolated for deficiency.

Moreover, Goring's estimates regarding the British convicts enable us to

judge that only about 25% of the criminals of this generation inherit a

predisposition to crime from parents who were the criminals of the last

generation (_20_, p. 336). Nobody has suggested isolating all persistent

delinquents. We could not expect that the isolation of both the

deficients and delinquents would completely remove the diathesis of

delinquency from society. The predisposition is received not only from

the deficients and delinquents, but also to some extent from those above

the borderlines. We could not raise the borderlines of deficiency

without isolating many whose social deficiency or delinquency it would

be presumptuous to predict. We should not look forward, therefore, to

the sudden elimination of the problem of delinquency even when it is

attacked at its most vital spot. On the other hand Dr. Hart, in a

bulletin of the Russell Sage Foundation, has worked out a practical plan

which would isolate the lowest 0.3% of the girls and women of

child-bearing age in this country within five to ten years. Some similar

plan for isolating all deficient delinquents would materially lessen the

cost of recidivism in the present generation.

The most hopeful sign is that we are no longer content merely to guess

at the relative importance of the sources of delinquency and deficiency,

but our efforts to promote social welfare are directed by scientific

investigations which are utilizing new and more efficient methods of

research.

PART TWO THEORETICAL CONSIDERATIONS

Deficiency and Delinquency: An Interpretation of Mental Testing · 第 12 / 14 章