Anderson, V. V.

Leonard, Christine M.

English

Northwestern University Illinois, School of Law: Scholarly Commons

Journal of Criminal Law and CriminologyVolume 10 | Issue 1 Article 91919Study of the Physical Condition of One ThousandDelinquents Seen in CourtV. V. AndersonChristine M. LeonardFollow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclcPart of the Criminal Law Commons, Criminology Commons, and the Criminology and CriminalJustice CommonsThis Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted forinclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons.Recommended CitationV. V. Anderson, Christine M. Leonard, Study of the Physical Condition of One Thousand Delinquents Seen in Court, 10 J. Am. Inst.Crim. L. & Criminology 82 (May 1919 to February 1920)A STUDY OF THE PHYSICAL CONDITION OF ONETHOUSAND DELINQUENTS SEEN IN COURTV. V. ANDERSON AND CHRISTINE M. LEONARD1The original purpose of this study was to determine what part-if any-routine physical examinations may play in the disposition of adelinquent's case in court, and later in the institution of reconstructivemeasures while on probation. Such a consideration seemed clearlyworth while, particularly in view of an ever widening scope of interestmanifested by the court in the needs, as ,vell as the deeds, of theindividual delinquent.The old and archaic conception of the judicial function was onelimited purely to the determination of guilt or innocence; and in caseof guilt, the imposition of fines and sentences has fortunately dis-appeared along with other equally archaic and fruitless theories. Inits stead we have come to realize that the essential problem facing thecourt in connection with any individual who has offended against thelaw and order of society is the problem of readjusting that person tosociety.It needs little argument to show that in order for the court toattain an adequate readjustment of any delinquent it must take intoconsideration all the facts in the case; it must take into considerationthe individual and his needs, and deal understandingly with theoffender, as well as legally with his offense.In the accomplishment of this function the court may employcertain tools-most important of which are probation and penal treat-ment.In probation it possesses an agency of far reaching usefulness inthis direction, whose capacity for effective service in readjustinghuman individuals, in restoring delinquents to the community, safe andfree and capable of taking their part in the complex demands ofsocial life, is scarcely realized; and yet the keenness, the sharpnessand the efficiency of this tool can be dulled and impaired by improperuse. For, with the opportunity to rehabilitate and readjust himselfwhile on probation, there should go in the case of every delinquentan intelligent understanding of what is required to accomplish thisrehabilitation.The vital importance of the physical condition in this connection,'Director and Assistant Medical Directors, Municipal Court, Boston.CONDITION OF DELINQUENTS 83particularly in relation to his economic efficiency, his ability to supporthimself, can not be overestimated. It needs little argument to showhow exhausting physical diseases can so impair one's economic effi-ciency, so hamper one's ability to earn a living, as to render him asocial misfit, causing him to drift from place to place, lowering hisresistance to alcohol, drugs and such and, in short, bringing aboutthe very conditions that probation should seek to prevent.But that which is of most far reaching importance in this con-nection, is the necessity for seeing to it that the delinquent be not adanger to the community. Reference is made to certain communi-cable diseases, regarded as dangerous to the public health-from whichoffenders in court are commonly suffering. We refer to venerealdisease, considered in many quarters as the most serious menacefacing the human race. It is clearly the duty of those having to dowith delinquents to see to it that these conditions are sought out andtreated, if such individuals are to be returned to the community.With the aim in view of showing the practical relationship of suchfacts, as those above mentioned, to the routine work of the court,the following study was undertaken.Records of the last 1,000 cases examined were taken from thefiles, and the physical condition of each person noted, also the rela-tionship which his physical condition bore-if any-to his economicefficiency. Case records of both men and women were included inthis series.Additional tables of a group of six hundred consecutive venerealstudies are included.The following table gives a general picture of the physical healthof these 1,000 individuals. Those rated good were practically freefrom any condition that might impair health. Those rated fair weresuffering from minor ailments of little consequence to general health,and produced very little impression on the physical strength of theindividual. Those rated poor were sick people, and urgently in needof medical treatment. Those rated bad were emergency hospital cases.TABLE IShowing Physical Condition of One Thousand Delinquents in CourtGood physical condition .................................. 203Fair physical condition .................................. 455Poor physical condition .................................. 327Bad physical condition .................................. 15Six hundred and sixty-eight individuals, or 66.8% of our cases,were in good or fair health.84 ANDERSON AND LEONARDThree hundred and forty-two individuals, or 34.2%-one out ofevery three persons-was in poor or bad health, and in such physicalcondition as to warrant urgent medical treatment.Just what relationship these figures bear to adult offenders as awhole, it is hardly safe to state. It is interesting however, in thisconnection to refer to a recent study of immoral women made by thewriter, in which 44% of the women were in poor or bad physical con-dition from diseases other than venereal (tuberculosis, asthma, Bright'sdisease, heart disease, etc). Should anything like such findings beborne out in a study of other groups of adult offenders, then ourabove estimate among these 1,000 cases (34.2%) could hardly beconsidered extravagant.Following is a partial list of the conditions from which theseindividuals were suffering:TABLE IIShowing a Partial List of Physical Conditions Other than Venereal FoundAinongq One Thousand DelinquentsAbscesses ..................... 25 Injuries and- diseases of bonesSkin diseases .................. 150 and joints (arthritis, anky-Diseases of nervous system .... 200 losis, fractures, and spinalHeart disease ................ 100 curvature) .................. 65Bronchitis (acute and chronic). 144 Arterio-sclerosis ............... 30Tuberculosis ................. 25 Varicose veins ................ 45.................. Tumors ....................... 15Pregnancy .................... 28 Ulcers ........................ 20Pyorrhoea .................... 50 Carious teeth ............... 150Pelvic conditions in women Defect and diseases of eye. 125(Salpingitis, uterine prolapse, Defective hearing .............. 90etc.) ........................ 26 Laryngitis ..................... 25Thyroid disease ............... 20 Tonsilitis ..................... 13Rhinitis ...................... 38 Stomatitis ..................... 10Enlarged tonsils ............... 65 Bright's disease ............... 7Glandular enlargements ....... 60 Paralysis ...................... 3Other conditions such as hydrocele, rectocele, varicocele, cysts,etc., were found.Something more than fatherly talks, intelligent advice, generalsupervision and securing employment is needed to solve the problempresented by the delinquent whose physical endurance is rapidlydiminishing under a progressive Bright's disease or tuberculosis, orthe delinquent who is scattering broadcast into the community spyhilisand gonorrhea. These are conditions of which he may be entirelyunaware, and yet which are of more vital importance to his futurewelfare and that of the community in which he lives than any otherconsideration.Probably one of the most important measures utilized in re-habilitating the delinquent on probation is steady employment. TheCONDITION OF DELINQUENTS 85following table will give some idea of how these 1,000 delinquentshave demonstrated their ability in this direction.TABLE IIIShowing Economic Efficiency of One Thousand Delinquents Seen in CourtRegularly employed ................................... 243Irregularly employed ................................... 383Odd jobs ............................................... 90At home ................................ ........... .146Never worked ........................................ 138About 626 or 62.6%y were considered self-supporting; while 374or 37.4% were not self-supporting.In this connection it is well to bear in mind that 65.8% of these1,000 individuals were in good or fair health, and that 34.2%o werein 'poor or bad health. Some correlation between the two seems evi-dent. This is brought out more clearly and in detail in the followingtable:TABLE IVShowing Relationship Between Physical Condition and Industrial Efficiency ofOne Thousand DeliitquentsAt No OddRegular Irregular Home Work Jobs TotalGood ................... 121 68 11 1 2 203Fair ..................... 114 262 37 18 24 455Poor .................... 8 53 95 111 60 327Bad ..................... 0 0 3 8 4 15Total ............... 243 383. 146 138 90 " 1,000Thirty-five per cent of those found to be in good or fair physicalcondition had been steadily employed, while only 2% of those foundto be in poor or bad physical condition had been steadily employed.Eighty-five per cent of those found to be in good or fair physicalcondition had been and still were self-supporting, while only 18% ofthose found to be in poor or bad physical condition had been and werestill self-supporting.The chances for being self-supporting were more than four toone in favor of the individual in good physical condition.- Ninty-six per cent of those regularly employed were found in goodor fair physical condition, while only 3% were found to be in pooror bad physical condition.Eighty-six and three-tenths per cent of those who were rated asitnever worked" were found to be in poor or bad physical condition,while only 13.7% were found to be in good or fair physical condition.That there is a relationship, and a very definite one, betweenan individual's regularity of employment and his physical conditionANDERSON AND LEONARDseems to require no further argument. So high is this correlationthat one can, without fear of denial, assert that really successfulprobation presupposes a knowledge of the physical condition of thedelinquent in advance of his treatment. And further, really success-ful probation finds a rather close correlation between an individual'sphysical rehabilitation and his moral readjustment.There is another and a darker side to this question, one whichis of special importance to the court in fulfilling its protective function to the community-particularly in view of the recent stand takenby the national Government as' to the seriousness of the menacewhich this condition referred to presents. We have in syphilis andgonorrhea two well recognized dangers to the health of the com-munity-two diseases fraught with the most serious consequencesto the individual and to the race.Every effort of our national, state and local health authoritiesis now being bent in the direction of placing those infected undertreatment.It goes without saying that of all institutions, our courts, becauseof the very nature of their position in the community are not onlywilling, but anxious to co-operate in this direction.With a view of determining the extent of the problem presentedby these two diseases as found amongst delinquents in court; a groupof six hundred (600) consecutive cases was gone over. The .casesselected represented the average daily "run of the mine," inasmuchas it is the policy of the Medical Service of this Court to make avenereal study of every offender referred for examination, no matterwhether there is any suspicion of past venereal infection or not.The frequency with which these conditions were found among sixhundred (600) individuals is shown in the following table:TABLE VShowing Frequency of Venereal Disease Among Six Hundred DelinquentsNumber of cases examined .............................. 600Syphilis ................................................. 182Gonorrhea .............................................. 133Combined ............................................... 32Doubtful cases ......................................... 27Percentage of cases examined having venereal disease .... 47Forty-seven per cent of these individuals were suffering from oneor both of these diseases. An additional 4.5% had doubtful bloods andsmears. Practically every other person in this group had syphilis orgonorrhea, or both conditions. Without a routine medical examinationthere is no safe and sane method of determining in court whether anindividual is free from venereal infection.CONDITION OF DELINQUENTS 87These conditions are not as is generally supposed, limited topurely chastity offenders; they are widely scattered among all classesof offenders. The following table will make this more clear.TAWBL VShowing Venereal Disease as Related to Type of Offense Committed00 0 CCombined.4 ....... 6 9 6 0 0 0 0 0 1 0 32Tot0l n e ae er al0............... 303134 11217 3 17 5 3 3 1 600Syphilis............. 105 43 21 6 2 1 1 0 3 0 182Gonorrhea ............ 8518 23 3 0 1 0 2 1 0 133Combined ........... 16 9 6 0 0 0 0 0 1 0 32Total number venerealcases............ 174 52 38 9 2 2 1 2 3 0 283Number doubtful cases. 15 15 0 1 0 1 0 0 0 1 27Per cent of venerealcases ............. 57.4 38.8 33.9 53Three hundred and three cases were so-called offenders againstchastity; of these 57.4% were suffering from syphilis or gonorrheaor both. An additional 4.9% had doubtful bloods and smears.There were 134 cases of drunkenness; 38.8% of these individualshad venereal disease, while an additional 6.5% were doubtful cases.There were 112 cases of larceny; of these individuals 33.9%, orone out of every three cases had syphilis or gonorrhea or both.There were 17 individuals arrested for possession of drugs, and53% had venereal disease.There were three arrested for violating the liquor law; two ofwhom had syphilis.Three were arrested for assault and battery; all three hadvenereal disease.In short, these conditions are not limited to any one special typeof offender in court, but are found common among delinquents ingeneral.It is the size and extent as well as the seriousness of thisproblem to which we wish to call special attention. We are notdealing with a condition limited to the prostitute class; we are notdealing with a situation of merely secondary importance.In syphilis and gonorrhea we have two diseases that are morefar reaching in the consequences with which they threaten the in-dividual and the, race than any other menace. Those two conditionsare found affecting all types of offenders seen in court. The gonor-rheal prostitute is no more of a public danger than the syphilitic88 ANDERSON AND LEONARDbarber, or the pugnacious restaurant cook arrested for assault andbattery, who was found in the infectious stage of syphilis.The problem is large enough and is serious enough to demand abroad and comprehensive policy on the part of our courts; a policycalling for a more routine investigation of the physical condition,and the possib~ilities of each offender prior to his disposition.SUMMARY.The original purpose of this study was to determine what part,if any, routine physical examination might play in the disposition ofa delinquent's case in court, and later in the institution of recon-structive measures while on probation.For this purpose the records of our last 1,000 cases were takenfrom the files, and the physical condition of each person noted; alsothe relationship which the physical condition bore, if any, to hiseconomic efficiency.Six hundred and fifty-eight individuals, or 65.8% of our cases,were in good or fair health; 342 individuals, or 34.2%--one out ofevery three persons-was in poor or bad health, and in such physicalcondition as to warrant urgent medical treatment.About 626, or 62.6%, were considered self-supporting; while374, or 37.4% were not self-supporting.Some correlation between these figures is evident.Th irty-five per cent of those found to be in good or fair physicalcondition had been steadily employed; while only 2% of those foundto be in poor or bad physical condition had been found steadily em-ployed.Eighty-five per cent of those found to be in good or fair physicalcondition had been and still were self-supporting; while only 18% ofthose found to be in poor or bad physical condition had been and werestill self-supporting. The chances for being self-supporting weremore than four to one in favor of the individual in good physicalcondition.Additional facts are included bearing upon the frequency ofvenereal disease among a group of 600 consecutive cases studied.Forty-seven per cent of these individuals were suffering fromone or both of these diseases; an additional 4.5% had doubtful bloodsand smears.Of these 600 case, 303 were so-called offenders against chastity;of these, 57.4% were suffering from syphilis or gonorrhea or both;while an additional 4.97 were doubtful cases.CONDITION OF DELINQUENTS 89There were 134 cases of drunkenness; 38.8% of these indi-viduals had venereal disease; an additional 6.5%o were doubtful cases.There were 112 cases of larceny. Of these individuals 33.9o,or one out of every three cases, had syphilis or gonorrhea or both.There were 17 individuals arrested for possession of drugs;53% of these had venereal disease.Other types of offenders in court showed a correspondinglyhigh frequency of these conditions.In short, the conclusion reached from this study is that venerealdisease is not limited to any one type of special offender in court,but it is found common among all classes of delinquents; and thata policy calling for a more routine investigation of the physical con-dition and the possibilities of each offender, prior to his disposition,would seem justifiable.

Study of the Physical Condition of One Thousand Delinquents Seen in Court

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Study of the Physical Condition of One Thousand Delinquents Seen in Court

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