456 REMARKS MADE AT HEARING OF N. Y. STATE CRIME COI~MISSION

sion of a State psychopathic hospital as well as enlarged facilities for the criminal insane.

In conclusion may I venture to urge your consideration of what has here been referred to as the Massachusetts plan or some practi- cable modification of that device for identifying and eliminating these dangerous personalities, whether insane, psychopathic or feebleminded, before trial. The sooner we can get rid of them and put them where they belong, the better, both from the point of view of safety and of public expense. The courts now have the power to do this, but the power is almost never exercised. Let us make it a matter of routine procedure and have it done.

THE IMPORTANCE OF KNOWING THE PERSONALITY MAKE-UP OF THE CRIMINAL

BY CHARLES ~I. BURDICK~ M. D.~ SUPERINTENDENT~

DANNEI~IORA STATE HOSPITAL

We are all interested in learning as much as possible about crhne and the criminal, especially the causes of crime, its prevention and the reformation of the criminal, if that be possible. In order to gain this knowledge, it seems to me we must of necessity approach the problem with a scientific mind and spirit. In order that less emphasis may be placed on punishment and more on reformation, I believe we should pay more attention to the criminal as such and not so much to the crime.

Some time ago the medical profession was criticised for paying too much attention to the disease and its nature and not enough attention to the patient and his nature. In recent years, I am glad to say, we have seen more emphasis placed on the patient, especially with reference to his make-up, his personality and his character, that which we speak of as the sum total of his internal and external characteristics. This has been brought about largely through the efforts of the National Committee for Mental Hygiene, the Ameri- can Psychiatric Association and other allied agencies.

As the result of the establishing of mental clinics, child guidance clinics and behavioristic clinics much has been learned as to the proper handling of many conduct disorders.

C~A~,ES M. BURDICK~ M . D. 457

One of the greatest advances in modern medicine has been the application of psychological and psychiatric principles in the treat- ment of all kinds of diseases and human disorders. Each man is a unit with his individual tendencies, habits anal desires. In addi- tion to these we must consider his environment, his heredity and his innate characteristics, all of which make what we regard as human nature. In order to understand the problem of crime and the criminal, we must first of all recognize the existence of this individuality.

Crime as we understand it is a conduct disorder measured in terms of social customs and usages. We also recognize that every act and form of conduct, normal or abnormal, is motivated or occa- sioned by some form of thought process. Therefore, if we are prop- erly to understand and evaluate conduct and behavior dependent on such thought processes, it must be done by those trained in the study of normal and abnormal thought processes, namely the psy- chiatrist and the psychologist.

I do not mean by this that we are merely to find out whether or not man is diseased physically or suffers from mental disease as such, but as the result of analytic, intensive study to learn some- thing as to the criminal's make-up, his personality and his charac- ter, in other wor~ls, his individual self.

The advantage of this kind of study is that it forms a rational basis for treatment and reformation, if that be possible. There- fore, I feel that in the study of crime and the criminal, the agencies which have to do with him should have the guidance of psychiatrists and psychologists. First of all, in my opinion, courts of law should have the benefit of this guidance and counsel; secondly, when the criminal is convicted and goes to prison both he and society should have the benefit of an intensive study of his make-up by trained specialists. This will provide an opportunity for proper classifica- tion and treatment whether it be in the matter of prison discipline, instruction in the prison sc~hool, instruction in the industrial shop or in any other of the prisons' administrative activities. Another great advantage of such a study and of such a psychiatric approach is the valuable fund of information gained, which can be utilized

4 5 8 REMARKS MADE AT HEARING OF N. Y. STATE CRII~E COMMISSION

when the question of parole comes up, both by those entrusted with the responsibili ty of the parole and by the supervisory officers while the individual is on parole.

In order to car ry out this idea, the principle of an indefinite sen- tence should apply. No individual is sent to a city hospital or to a hospital for the insane for so many months or so many years. He is sent there to remain until his conditior~ warran ts his dis- charge. I am convinced that we will never get anywhere with the mass t rea tment of the criminal. He needs intensive, individualistic study and treatment. Therefore, I am a firm believer in the psy- chiatric approach to the study of crime. Dr. Kieb, our present Coin_missioner of Correction, is intensively interested in this psy- chiatric approach and each month the staff of the Dannemora State t tospital is called upon to examine a number of parole applicants both at Clinton Pr ison in Dannemora and at Great Meadow Prison in Comstock. As a result of these examinations we have frequently found parole applicants who were definitely psychotic. Others we have found to be so mentally defective that their parole was not advisable, and in others we have found their condition such that the advisabili ty of parole was questionable, and fur ther observation has been recommended. This one feature, it seems to me, fur ther emphasizes the grea t value of the psychiatric approach to the study of crime.

PSYCHIATRY IN THE TREATMENT OF THE OFFENDER

BY E. R. CASS~ GENERAL SECRETARY OF THE PRISON ASSOCIATION

OF NEW YORK ~

Over a century has passed since Franz Joseph Gall emphasized the fact that it was the individual and not the crime that must be regarded as the basis of t reatment. Yet today it is still " m o d e r n " doctrine, unappreciated in large measure. Men are sent to differ- ent prisons according as they are felons or nfisdemeanants, a legal distinction. Murderers are considered as far more vicious and depraved than thieves, and thieves than vagrants. The law assumes to be able to differentiate between degrees of crime, and sets maxi- m u m sentence according to the apparent seriousness of the offense - -no t according to the apparent mental and physical characteristics

* Submitted after the hearing.