Director Psychopathic Institute of the Juvenile Court of Chicago

The main trend of our findings and the outlook now, after five years’

study of offenders in connection with courts, is requested. It is plain

that in a short paper only a few of the more prominent points can be

touched. We must leave analyses and adequate descriptions for our

larger publications. However, we can here discuss some of the outcomes

and limitations of applied methods. In this summary fashion, taking

stock may be wise just at this time, when the practice of psychology is

beginning to be exploited similarly to the practice of medicine. Also,

lack of knowledge in many quarters of this new work and perhaps, the

recent statement of a well-known clinical psychologist to the effect

that psychology (or at least he says pseudopsychology) can render no

aid in the courts, call for review of the facts.

Concerning the part that psychology in its practical, applied,

clinical aspects should play in the court work, we may consider the

following. View it as you may, there is no escape from the basic fact

that conduct, social behavior, is a product of the mental life of the

individual. The most direct driving forces of misconduct therefore

are very properly to be regarded as material for study which comes

well within the province of the science of mental life. (It must have

been this which led the great jurist and criminalist, Gross, to state

that psychological valuations must ultimately become the basis of all

criminal law.) An individual differential psychology is involved which

requires knowledge of the bearings which many varieties of mental

conditions have upon action.

At the beginning of our work, we were advised by the most eminent

psychologists that the field was virgin. Everywhere we were told that

the use of the standard apparatus of the laboratory, the ergograph,

plethsygmograph, the chronoscope, all had no bearing on our problem,

for the results from none of them had been found to be correlated

with any traits or conditions which were of peculiar significance in

offenders. Many hopes that had been expressed by those who ardently

desired the rapid practical extension of psychology had not borne

fruition. We were told that methods must be worked and normal sought

out. In other words, it was deliberately stated by many, that neither

classical nor experimental psychology had as yet anything to offer

for dealing with this human problem. To introduce the usual and often

complicated devices of the laboratory, which are for measuring and

discriminating the simpler elements of mental life, would be, it was

said, to delude ourselves and be in the position of misleading others.

In accordance with our appreciation of this consideration we have all

along proceeded by methods which seem to have in them the greatest

proportion of common sense, and to be most likely to show correlation

between offending careers and characteristics possibly at the root of

criminalistic tendencies.

Moreover, as time has gone on we have become more and more convinced

that those who study offenders should seek not only for peculiarities

and disabilities, correlated with tendencies to offend, but also for

potentialities, for special abilities which might be utilized for

educational or occupational success. To grade the delinquent downwards

is not sufficient. There may be the possibility of constructive work

with him. As a matter of fact, some of the most encouraging results of

our own efforts have come through the discovery that the offender was

suited for something which he had never had the chance of doing, and

that a corresponding adjustment of his affairs brought cessation of

delinquencies. This has been even true with certain types of defectives.

Early in working with our cosmopolitan population, (and to a less

extent the trouble would have shown itself among those of one language)

we saw that any method of mental evaluation which was based largely

upon language tests, whether or not given by such a questionaire method

as that of Binet was quite unfair. Language, our universal method of

communication, does not cover all the social graces, all the social

values, nor does adeptness in the use of it mean unusual general

ability. In fact, nothing has been any more striking in our findings

than that some otherwise normal individuals have special defects

for language, and that some general defectives have such powers in

manipulating words that pass everywhere, even in courts, as normal and

even bright. It was soon felt that over and beyond tests which involve

the medium of communication, it would be more profitable to observe a

performance with concrete material which possibly might be arranged to

measure some of the socially most valuable mental qualities.

Such performance tests have had a great growth in these five years, as

emanating from several centers, until at present they are quite widely

used. For work with offenders, there is at present a wide range of

tests to choose from. For practical clinical work even more tests are

desirable, and it may be that some of those now used will be gradually

discarded and replaced by others. It stands out very clearly that what

one would like to know particularly about offenders is how they grade,

not only in general intelligence, but also on tests which may possibly

evaluate the powers of apperception, of mental representation, of

self-control, of the ability to learn by experience, and so on. Defects

along these lines seem likely to stand in much greater correlation to

delinquent tendencies than any other we could name. Special educational

and industrial disabilities may make for social failure and so may

indirectly lead also to delinquency. It is usually not difficult to

ascertain the nature of these defects. A few steps towards discovery of

vocational aptitudes can also be made by the use of tests.

We still think that the early advice to keep our testing methods simple

and direct was thoroughly sound. It is evident that we can use with

scientific safety the Binet scale for grouping young children and

defectives up to the level of 10 years. Beyond this, by using a wide

range of other tests, we can discriminate other subnormal groups who

are either defective in general or in special abilities.

In the present state of our knowledge concerning methods discretion is

needed in the selection of tests. Those primarily adapted to one group

may not be valid for another social or age group. We have just finished

an interesting comparison of the results of a certain performance test

in which college young women did worse on the average than younger

persons. We have all too little proof that tests worked up for children

are equally valid for adults. It is proposed that we render decisions

upon, for instance, findings by the Binet tests, and yet it does not

seem likely by the sort of results we ourselves have been getting

that they could be as freely applied to adults as to children for the

purposes of social diagnosis, of discriminating those who are bound

to be unsuccessful. We must remember that no one as yet has given us

the results of these tests as applied to hundreds of ditch diggers, or

section hands, who in their lowly spheres form most useful members of

society.

When it comes to the interpretation of tests we need to exercise much

discretion. It is most dangerous to proceed to render diagnosis or

prognosis without knowledge of the individual’s background in heredity,

developmental history and social environment. Such items as previous

illnesses, present physical condition, debilitating habits, and

educational opportunities need to be noted. In our work the question of

epileptic variations alone is frequently before us. We see very clearly

that grave injustice to the situation may be done without taking such

possible features of the case into account.

Very different phases of psychological work with offenders properly

are taken up from the viewpoint of human conduct in general being the

province of the student of human life. Quite the minority of offenders

show mental peculiarities which can be learned by testing and then

related to their delinquencies. Let us look at some comparisons of

offenders as we have grouped them by most careful study. Our court

work has been in the main to see the problem cases. Undoubtedly most

of the suspected psychotic or defective cases have been selected and

brought for study. We have made a series of 1000 recidivists, repeated

offenders, the average age of whom is about 15 years. These have been

graded by mental tests most carefully and we have found the following:

Per cent.

Considerably above ordinary in ability 3

Ordinary or fair in ability 55

Poor in ability 9

Mentally dull, but suffering from defective physical

conditions, or disease, or bad habits, which may be the

cause of the dullness 8

Sub-normal mentally, but not strictly feebleminded 8

Feebleminded (moron grade) 9

Feebleminded (imbecile grade) 1

Psychoses, ranging from well marked cases of insanity to

temporary, but well-marked mental aberrations 7

I have found in various parts of the country considerable doubt

expressed in regard to various statements which have been made of

the proportions of the feebleminded which probably would be found

by studying juvenile offenders. Teachers, judges, and probation

officers have scouted the idea that there was upwards of 25 per cent.

feebleminded among the children which come before a Juvenile court. Our

own long investigation would certainly show otherwise. But of course we

have never seen all of the thousands of children which come into the

Chicago court yearly, so we have never been able to definitely answer

the question of just what proportion is mentally defective.

This year I have asked the assistant director of the Institute, Miss

Bronner, to undertake at regular periods cross-section studies of the

population temporarily held in the Detention Home. These probably would

average lower than if one could see every case which was brought into

court, for frequently the most normal children who have been engaged

in a single offense are not brought into the Home. The results which

she is obtaining I shall merely hint at, but they serve to show that

the psychological study of delinquency involves very much more than the

discrimination of the feebleminded.

Any one who observed the considerable proportion of 7th and 8th grade

and high school girls and boys who become severely delinquent will not

be surprised at our findings. At least 91 per cent. of the girls and 84

per cent. of the boys have been found so far to group normal mentally,

if we take the 12 year old tests of Binet as a standard. Now, as a

matter of fact, I am not at all inclined without further investigation

to denominate anyone as mentally defective who can not pass the 12

year test, because of the obvious weakness of these particular five

tests for judging such an important point. But still we have been

willing to place this criticism for the moment aside. There are several

details of this given study which might be interesting to discuss, but

this will be done elsewhere.

The above statements are not offered so much in opposition to other

estimates of the proportion of defectives among offenders as to

show the possible variation of findings in different situations

where delinquents may be seen, and to show the nature of the work of

the psychologist in courts. We can easily see why institutions for

delinquents contain a greater proportion of mental defectives than

is found in court work, for obviously the brighter ones are handled

under probation, are found positions and succeed better on the outside

because they have more foresight and learn better by experience. It may

be that a larger percentage of the defectives will be found in studying

older groups in court work. Perhaps the brighter individuals cease

earlier to be offenders. I await with interest comparative findings

from the newly established municipal court psychopathic institutes, in

Boston and in Chicago. But of course fair general statistics can never

be made without covering an unselected series of court cases, such as

we have recently undertaken.

We must not find reason from the above figures to underestimate the

exceedingly important problem of feebleminded offenders. From their

ranks one has to come to know some of the most frequent repeaters,

some of the worst teachers of vice, and even some of the most adept

in such skilled criminalistic occupations as burglary. To answer the

problem of their care would be to relieve a strain on society that is

not even suggested by a statement of their proportionate numbers among

offenders. No one has been more surprised than we ourselves to find the

extent to which morons are actively engaged in criminalistics, and are

even definitely the instructors of others. The general notion that this

class is merely easily led is altogether erroneous.

The extent of our findings of a single disease, namely epilepsy, among

our repeated offenders we have often commented on. We need only to

mention that about 7 per cent. have been found afflicted with various

forms of this trouble. After all, this is only what might have been

expected from similar observations of others elsewhere. The psychic

manifestations of this disease make the victim a fit subject of study

by the psychopathologist.

Many of our interests have centered about the problems of adolescence.

We all know that criminalistic tendencies, those which perhaps control

the career of a life time, nearly always first show themselves before

the 19th or 20th year. The physiological aspects of this period are the

ones that have been most frequently dwelled on, but for our purposes

they may be ignored except as they influence the psyche. Overgrowth and

restlessness and other phenomena at this time do not directly create

criminalism. They have first to effect the mental life which directs

action. We have found a fair field for investigation here, and one that

opens up whole vistas of possible usefulness. Various new points of

departure for legal procedure are to be developed from data gathered

concerning this period of life, not the least of which is criticism of

that strange arbitrary discrimination under the law which says that

boys at 17 and girls at 18 are suddenly responsible, mentally formed,

able to properly care for themselves, when a few minutes or days

previously they were not. Our studies show that these age limits were

not based on practical observations of human beings.

Not the least interesting and therapeutically important part of

psychological study of offenders is ascertainment of the mental

mechanisms and mental content which stand in relation to delinquency.

However it may be with older persons, and such experienced men as

Parker in New York suggested that with adults this is a rich field

for endeavor, we have studied many cases of criminalistic tendency in

young people in which the whole trouble centered about some psychically

untoward experience or some mental conflict. From this was developed a

definite antisocial grudge, or at least an antisocial attitude. These

cases, well understood, present some of the most curable criminalistic

causes.

We must pass with bare mention such data as those on obsessional mental

imagery and the formation of mental habits, both of which psychical

phenomena play a considerable part in driving towards delinquency.

To appreciate what sets the mental machinery turning out antisocial

deeds we have to dig deep into many human experiences and many mental

activities.

It was easily to be seen at the beginning of the work that there would

be value in both extensive and intensive studies. The former would give

a survey of the field which might lead to establishment of definite

knowledge of the larger needs of the situation, would perhaps point

the way to better legislation and public provision for various classes

of offenders. The intensive work would furnish better understanding of

types and the possibilities of their treatment. Then we soon realize

that the careful and prolonged study of individual offenders was a

rational preliminary to working up statistics from which general

conclusions could be safely drawn. Time has justified this opinion.

Nothing is rasher than to make general statements about social needs

upon the basis of tests, observations and figures that have not been

proved to solve the point at issue.

As an incident to the work with offenders the psychologist in court is

occasionally asked about the reliability of witnesses. We have been

gathering data upon this point in hundreds of cases by some tests, and

find the matter a very difficult one to generalize upon. In this we

agree with various foreign students of the subject. The ability to be

a good witness is a highly individual matter, and frequently involves

the conditions of a given occasion, upon which tests do not throw any

light. Occasionally from psychological study one can render a strong

positive or negative opinion concerning individual capacities, but much

more frequently it seems to us that no safe opinion can be rendered.

We would still maintain, as we ever have done, that the greatest

hope for amelioration of the heavy burden of delinquency is in very

early studies and early understandings of individual cases. Not only

for scientific purposes but also for practical treatment the young

individual with delinquent tendencies is best handled. Not entirely,

since some social offences may first arise in late adolescence, but

in a large share of cases some of the most valuable criminological

work can be done by specialists in child study. Even in early periods

of life intensive studies must be made, especially of children of the

psychopathic type. We are more than glad to see the purpose all over

the country.

One word more about method. Those who early suggested to us that

intensive, continued study of a dozen offenders of a dozen different

types would be worth more than a thousand short examinations spoke from

a strong standpoint. Continuation studies are most valuable. They are

necessary not only for giving understandings of types, but also for

so understanding the individual that proper social adjustment of his

case can be made. Our work shows plainly that except in the case of the

grossly defective a short cross-section study is absolutely inadequate

for the work in hand, namely, scientific treatment of the offender.

As we continue to see it, then, the purpose of psychological work

with offenders is nothing more or less than the understanding of

the causes of misconduct. By no other methods will such causes be

known, and those who fail to reckon with the fundamental psychical

conditions and processes which underly delinquency will never get far

in developing better methods of treatment. Psychology in this field

is perfectly willing to be judged by results, and that is the best

self-recommendation that it can offer.

The application of well-rounded and safe psychological studies in court

work (not the pseudo-psychology that our friends decry) offers to the

law the important addition of a scientific method. It presumes to

gather in all the available facts that bear on the conduct in question,

to set down opinions of diagnosis and prognosis, and then to follow

these up in connection with any treatment given to see how correct they

may have been, and to offer the chance of such readjustment as may be

necessary. There is a direct study, then, of predictability. Now this

is exactly the method of every science that aims at self-improvement.

Unfortunately, this scientific endeavor at self-improvement has

heretofore not been the standpoint of the law. Nothing has been any

more striking to us than our observations on this point. Now through

the opening avenue of practical studies of mental life and conduct

applied to offenders in connection with court proceedings, we see every

reason to believe that the outlook may be much better for dealing with

the whole problem of delinquency and crime.

The Delinquent, Vol. IV, No. 6, June, 1914 · 第 8 / 11 题