The Criminal & the Community. James Devon
victim there would have been a plea of insanity set up. The determining factor in the plea was thus the physical condition of the assailed, not the mental condition of the assailant.
In Glasgow special care is taken in all cases of murder to enquire into the mental condition of the accused. From the time he is admitted to prison he is placed under observation with this purpose in view, and any evidence bearing on the subject is carefully examined. His conduct in prison may be perfectly sane, but if there is any reason to believe that, when at liberty, he showed signs of insanity, the medical officer personally makes an investigation and reports. The prisoner may be penniless, but he suffers no prejudice thereby, as the work is undertaken at the expense of the Crown; and at the trial the necessary witnesses are usually produced on his behalf if the reports show that he is insane. This is true in other than murder cases to this extent, that the procurator fiscal informs the prison authorities of any allegation as to the prisoner’s mental condition and asks for a report. He also puts before the judge any statement by the prison doctor as to the health of a prisoner mental or physical, even although the report may not have been asked for.
Insanity may be a result as well as a cause of misconduct. A life of alternate indulgence and repression tends to unsoundness of mind; and I have seen men and women, who when first they fell into criminal courses were free from any suspicion of insanity, gradually degenerate and become insane. When the kind of life they lead is considered the wonder is that so many of them do not become mad.
X 4 was a girl of the labouring class. She was handsome and of a fine figure. Good-tempered and of an easy disposition, she was rather indolent; and as she was not trained in any very strong regard for morality and had plenty of admirers, she soon gave up working and took to the less restricted life of the town. She got into the hands of the police and was sent to prison, where her behaviour was beyond reproach. She did the work required of her and was always even-tempered and orderly. She took to drinking rather heavily, and during one imprisonment had a bad attack of delirium tremens, from which she recovered only to fall into a condition of dementia which remains and, though it has become less marked, leaves her unfit to take care of herself. Her insanity is the direct result of her excesses.
X 5 got into bad company and was encouraged rather than corrected by her mother, who found her profit in her daughter’s misdeeds. She left her work but did not take heavily to drink, and by and by came to prison charged with theft. She contracted disease in the course of her misconduct and began to take fits. She gradually became worse, as she gave herself no chance of recovery and neglected treatment when at liberty. She was in prison for short periods during two years and finally became insane and died. When first I saw her she was free from any mental or physical infirmity. Her disease and death were the direct result of her way of living.
X 6 had always been a wild and uncontrollable lad. He entered the army and was soon found to be one of the bad bargains. He was ultimately discharged. He got into a lawless set in Glasgow and picked up a living, sometimes honestly, sometimes otherwise. He suffered imprisonment on several occasions and was always a troublesome man to deal with. Gradually he showed delusions of suspicion and had attacks of violence; and finally he had to be dealt with as a criminal lunatic. In his case there was from the beginning a condition of mental instability, which showed itself in his restlessness and impatience of restraint. It unfitted him for a soldier’s life, and the discipline incident thereto was much more likely to aggravate than to remedy his condition. Having no friends capable of directing him, he flew to excesses and was punished for the crimes in which he took part. Than life in prison there could be nothing imagined that would be worse for him; and the monotony of it and the quiet would tend to develop the delusions which afterwards dominated his mind, and influenced his conduct to such an extent that under their influence he committed assaults and proved himself to be a dangerous lunatic. His case is different from the last two in respect that the very means adopted to deal with his excesses were largely the cause of his final insanity.
Short of cases of certifiable insanity there are a number of prisoners who are mentally defective. The total is small, but the individuals command an amount of attention, and cause an amount of trouble to the public, out of all proportion to their numbers. In some cases the defect consists of delayed development; the body and the passions have grown at a greater rate than the mental powers, but time and training would be likely to establish an equilibrium.
In other cases there seems to be something wanting in their mental outfit—they “have a want,” as it is put colloquially and expressively. Many of them are capable of behaving themselves when under the guidance of well-disposed persons; and more may be found about religious meetings than in prison. They have come under the influence of the Churches and have benefited thereby, and it is largely because no such healthy influence has been obtained over those others that they are in prison. They are usually quite tractable and pay obedience to stronger-minded persons. When these are law-abiding they cause no trouble, but when the influence is evil it is otherwise.
Mental powers that may be sufficient to enable a man to work and live in conformity with the law in one social position may be quite inadequate to enable him to support himself in another. There are men holding positions and discharging the duties required of them to the satisfaction of their employers, who would sink to a very low level if cast adrift. Any fixed standard of mental capacity is irrational, since it leaves out of account the conditions under which the person examined has to live. The question is: Is the person by reason of mental defect unable to bear the stress of life under the social conditions in which he is placed? Is he fit to take care of himself and abstain from offending against the laws?
Whatever may be the view of lawyers on the matter, no business man expects the same conduct from a boy as from a man; nor will he trust a young man to the same extent as an old man. The younger man may possess more knowledge, but there is a difference between knowledge and experience, and a man may know right from wrong without having the experience of life that enables him to discount his passions and follow his knowledge. A person who is mentally defective, and who has the additional misfortune to be born into a family of poor people and brought up in a slum, if he transgress the law can only be dealt with as though he were as fully endowed as his neighbours. If he is not mentally unsound to such a degree as to justify his certification as insane, there is only the prison for him; with the prospect of hardships on liberation and imprisonment when he offends, till he is sufficiently mad, or his record and his condition combined are bad enough, to enable him to be placed under the treatment he ought to have received from the first.
This is not necessarily the fault of those who administer the laws. The police are not justified in permitting offences to be committed; and whether the person who offends is sane or mentally defective it is their duty to arrest him. The medical men who may see him can only certify if they find him insane from their examination of him. Even if he is sent to an asylum the medical superintendent cannot detain him if his condition improves so far that he behaves sanely there; and out he goes to the old struggle that he is quite unfit to face, with no one to help him or to exercise authority over him when he has a wayward turn.
X 7 is congenitally mentally defective, and he has been neglected. He has a stutter which makes it more difficult for him than for others equally weak-minded to get in touch with those around him and, asking questions, to learn. When he does make himself understood he has nothing of any great interest to say, and he is bound to find in the impatience of the ordinary man a barrier when he tries to speak. He cannot get work and there is not much he could do. He haunts outhouses at night for shelter and is arrested for trespassing in doing so. He is in a filthy condition and is a nuisance and an offence to those with whom he comes in contact. He is sent to prison for committing an offence which he cannot avoid committing and which is the direct result of the destitution incident on his mental defect and friendlessness.
X 8 is a quiet, peaceable, and rather attractive young woman. She was married to a respectable young man with a small wage. She behaved very well and seemed to be managing their home in a satisfactory manner, but to his surprise and horror she was one day arrested, and was afterwards convicted, for obtaining goods under false pretences. She had been unable to make her income serve for the support of the household, although she was not extravagant, and she had played up to her appearance and got certain articles by a story that was fraudulent. Had she appealed