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"Professor von Bar's work, forming the main part of this volume, is entitled ʻGeschichte des deutschen strafrechts und der strafrechtstheorien.-̓- Editorial pref Includes bibliographical references and index
Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER VII. VARIETIES OF INSANITY. 1. Idiocy And Imbecility. These defects are distinct clinically, legally, and, to a certain extent, etiologically also, from other forms of insanity. They are universally regarded as different degrees of the same defect, but no dividing line is commonly drawn between them. As it is convenient that distinct names should denote distinct things, I am in the habit of limiting the term " idiot" to those persons who are unable to acquire even the simple modes of conduct of the directly self-conservative class, and who require constant supervision and care to preserve them in safety ; while by " imbeciles " I understand those who have fully acquired the activities of this class, and can be trusted to go about by themselves and to avoid the common dangers of the house and the streets, but whose intelligence is so defective that they are unable to acquire the indirectly self-conservative activitiesthat is to say, their industry, and they are often industrious, is not intelligent enough to give it a sufficient market value to enable them to maintain themselves. The distinction is clear, and it is practically convenient, since it enables us to distinguish the imbecile, notonly from the idiot at one end of the scale, but from the normal stupid person at the other. However stupid a man may be, we do not call him imbecile unless his intelligence is so defective that by reason of his defect he is unable to maintain himself; and when this degree of defect is reached, we have no hesitation in applying to him this title. Idiots and imbeciles are alike in this: that their defect is congenital, or at least originalthat is to say, they have not lost their intelligence, they have never attained it. They are not dements, but aments. In them the highest ...
Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. Individual Factors Of Crime. Seldom or never do the various causes of crime act independently of each other, but the one ever present and continuing factor is the individual factor. Cosmic and social influences must unite in their operation upon an individual character in order to produce a criminal, and those influences are relatively of greater or less importance according to the strength or weakness of the moral and physical character of the individual. Hence it is that the thoughtful student of crime and its prevention is forced to conclude with Lydston, that, "the nearer we get to the marrow of criminality, the more closely it approximates pathology." This subject was discussed at the Thirty-Eighth Annual Convention of the American Academy of Medicine, which convened at Minneapolis, June 13, 1913. It was shown that positive results had PLATE III.A "KIT" OP BURGLAR'S TOOLS. This is said to be the most complete collection in existence. (Courtesy St. Louis Police Department.) been obtained by the medical and surgical treatment of criminals. The frequent recurrence of the phenomena of atavism and heredity has led many eminent investigators to withhold their concurrence from the view that crime is a disease. This is true of some Europeans, where the existence of a criminal type is best established. Arthur MacDonald1 is also of the same opinion; but MacDonald's conclusions are based, as he says, upon reports from the various penitentiaries in the United States, indicating that an overwhelming proportion of the convicts therein confined are in an excellent state of health. However, these reports emanate necessarily from prison wardens and boards whose official relation is wholly casual and incidental to a career of politics, and a great number of whom...
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