Theosophy - On the Treatment of Criminals and Lunatics - by Sepharial - as published in Theosophical Siftings - Volume -3-
ON
THE TREATMENT OF CRIMINALS AND LUNATICS
by Sepharial
reprinted from “Theosophical
Siftings” Volume - 3 -
[The Theosophical Publishing Services are not responsible
for the contents of signed articles]
[Page
3] IN considering this subject of the treatment of
Criminals and Lunatics, we have thought it could best be
dealt with under three heads, which naturally suggest themselves
to the mind; these are (1) the object or objects in view
supposed to be held in the treatment of criminals and lunatics;
(2) the means adopted to secure those ends; and (3) the degree
of success which has attended these methods. And first with
regard to criminals.
I) Without entering
into a comparison of the various offences termed "criminal",
we may regard the treatment of all such cases as having
respect to (a) the protection of Society, or (b) the cure
of the evil. Both these objects commend themselves to the
mind as being based upon a true conception of the social
constitution, and the value of human life. While the condition
of the human race is such that no system of Ethics can
be uniformly conceived of and applied, it is clear that,
in order to preserve the civic and social interests of
any community, there is a necessity for an external law,
applicable to the treatment of individuals in whom the
sense of probity and justice is not sufficiently strong
to prevent them from committing acts which endanger the
common weal.
It is difficult
to decide, at once, as to the respective merit of the two
objects which the treatment of criminals is supposed to
aim at. Looking at the question from the standpoint of
Economics, one would suppose that the protection of Society
(in the broadest sense of the word, of course) was the first
and essential object; and it might be argued that the cure
of the evil implied by the term "criminal offence",
would be but the means to that end; yet in no case would
the true Economist allow us to disregard the criminal unit.
But then we are forced to admit that it is from the internal
state of Society the offence proceeds in the first place,
and that if such evil did not exist, there would be no need
for protection, so that we are led to consider the cure of
the evil as of primary importance; and the cause of it must
be sought in the life of Society, as a disease having its
root therein, and not as an evil of a foreign nature happening
to it from without. Leaving this point, however, to individual
decision, let us pass [Page 4] on to the consideration of
the ways and means adopted to these ends. As we are dealing
with the modern methods of criminal treatment, we may say
they are of two kinds, viz. :— corrective and punitive;
and of these the reformatories represent the one, while the
prisons, treadmills, stone quarries and gallows of our country
represent the other method.
Now the fitness
of any treatment cannot be properly apprehended apart from
a consideration of the case in hand; for on the "corrective" principle,
the treatment would naturally depend on the diagnosis; while
the punitive method would have regard to the measure of the
offence, and thus entail a consideration of the causes which
induced it, and the responsibility of the criminal in the
act. Here we at once see how really different are the two
objects proposed to be attained in the treatment of criminals,
or rather, how differently they are regarded by those who
administer, or are supposed to administer, justice to the
criminal, and to Society against which he offends. Is it
possible to regard the two objects as distinct from one another,
and at the same time to ensure the attainment of either?
'We think not; for clearly, unless the evil is cured, and
the cause of the offence removed, the community is in no
way secured against a repetition of its effects. Yet Society
has all along held the criminal act, as an offence against
its rights, to be of greater importance than the cause of
crime, which exists as an evil within itself. It is the old
tale of " the beam and the mote", beginning in
the ignorance and ending in the selfishness and cruelty of
the world. And yet, until the factors which operate in the
production of crime are properly perceived and understood,
we cannot hope that any means whatever will avail for either
the cure of crime or the protection of Society. The constitutional
defects observable in the confirmed criminal are to be traced
very frequently to the social conditions bearing upon his
heredity, such as unhealthy modes of living; lack of proper
education, mental, moral and physical training, etc.; and
these adverse conditions are frequently aggravated by direct
injustice and dire necessity.
That such conditions
should exist at all is a manifest injustice, and only serves
to show how blind, even to self-advantage, a selfish world
can be; but when absolutely no allowance is made, in the
punitive method of criminal treatment, for such unequal
conditions, the injustice of a severe punishment only tends
to exasperate the convicted person, and destroys the very
object which the punishment is supposed to subserve. In
Remedies for Perils of the Nation it is said, " It
is just because the reigning philosophy of the day has taught
us that it was better worth our while to improve our steam
engines than to nurture our population; it is because honours
and rewards have been showered on those who taught how to
cultivate capital for the few, while contempt was poured
on [Page 5] those who contended
for the greater necessity of cultivating the people's happiness.
. . . From these fancies and fictions it has come to pass,
at last, that the bloated wealth on the one hand, and the
squalid poverty on the other, have gone on increasing, till
all calm and considerate observers begin to ask themselves
whether it is possible for a framework, the parts of which
are so grievously disproportioned to each other, to hang
together much longer".
With regard to
the corrective method of treating criminals, it is wholly
just and beneficent if properly conducted, and the only
method which should find a place in the government of a
civilised country. It should, however, apply uniformly,
and as much to the adult as to the juvenile criminal; and
in every case the cause of offence should concern us more
immediately than the offence itself. On this point the Irish
Quarterly Review has said: — "The time has arrived
when the Government of this country must adopt those admirable
rules of other nations, by which the health, the morality,
and the education of the people can be secured. The preacher
has implored, the economist has complained, the patriot has
urged, the physician has warned. We punish those who are
criminal, but we never try to shield them from the blasting
contamination of vice. The Churchman thunders forth God's
curse on sin, and we suffer the grasping house-owner to cram
his wretched rooms with human beings — age and sex
unnoticed. Our manufactories are the seminaries of sin;
the cottages of our labourers are the schools of vice; our
coal mines are only the working-places of biped brutes. Drunkenness
is the common luxury of our poor; murder, incest and infanticide
are common entries in our assize calendars". These and
such as these are the crimes which stand to our charge — I
say "our charge" with intention, for it is that "mote" in
our poor brother's eye which warns us of the "beam" within
our own. The welfare of the community is, after all, made
up of the individual welfare of its members, not forgetting
the least of them; for the head cannot say to the foot" I
have no need of thee". Yes, these are the evils which
lie at our doors, — and in our very houses. What
is the remedy we have applied, and are still applying ? A
system of punitive revenge, as disastrous to ourselves as
it is ineffectual to erase the red stain of crime which mars
our records year by year. A system which neither repairs
the evil effects of crime, nor seeks to correct the incentive
cause; and which considers corporeal punishment, hard labour,
solitary confinement, and the forfeiture of money, to be
sufficient compensation to Society for the evil done by any
of its members. Of course in many cases it is impossible
for anyone to repair the evil effects of crime, as, for instance,
in the case of murder. And this brings us to the question
of Capital punishment, "the extreme measure of the
law".
[Page 6]
The old laws of absolute
barbarism, when men were hanged for such offences as sheep-stealing, etc.,
have given place to milder forms of punishment, and a modification
of most of the laws bearing upon the treatment of crime.
A far higher and more rational conception of freedom, than
entered into the minds of people in those days, is gradually
spreading itself, and is changing the whole attitude of society
with regard to this and other questions of equity.
Equality, before
the law, is becoming more and more a fact. The real worth
of a human being is better understood; i.e., his
worth as an individual, on his own account, and not merely
as a useful tool for others. In these days, there is not
a single case of the sentence of capital punishment being
passed, but efforts are made in all directions for a commutation
of the penalty to some milder form. This is not from any
condonation of the sin, on the part of Society, but partly
from condolence with the wretched being whose crime is most
frequently the result of an extremity of suffering, and partly
from a sense of the inefficacy of any further blood-shedding.
Let us for a moment consider our position in this matter.
Why does Society continue to recognize this form of punishment
? Why do we who have the making and repealing of the laws
in our hands, permit this worse than useless and inhuman
law to continue ? What is the end in view ? Is it to revenge
our dead, to protect our own lives, or to cure crime by intimidation
? If any of these be our object, the method adopted is an
unqualified failure. Surely, if the taking of human life
be a crime, it is as criminal in us to kill the murderer,
as it is criminal in him to have killed another. The balance
of justice is not restored by a repetition of the
crime! Nor do we protect ourselves by such an act.
We may learn a great truth concerning this matter from the
teaching of Lord Buddha, as set forth in the 8th Book of
the "Light
of Asia", where, speaking of the law of Karma, it says: " Fresh
issues on the universe that sum which is the lattermost of
lives" — and, "also it issues
forth to help or hurt. When death the bitter murderer doth
smite, red roams the unpurged fragment of him, driven
on winds of plague and blight". You would cure crime
by intimidation ? The occult law is against you; you cannot
do it. You cannot prevent this "red and unpurged fragment" of
the murdered murderer, from fastening on the mind of man
wherever it finds congenial soil, as "the feathered
reed-seed flies, o'er rock and loam and sand, until it finds
its marsh and multiplies"! You cannot cure by intimidation,
as each new case will prove. Does the criminal stay in his
deadly work to count the cost of his crime ? Facts seem to
say otherwise. What then shall we do to compass the double
evil ? Something of an answer is contained in the words of
Lord Palmerston: — "There is one power
which knowledge gives us, which is more important than all
others; it is the power of man over himself. It is by knowledge
that men are [Page 7] enabled
to control their passions, regulate their conduct, and devote
their energies and exertions to the welfare of their country". While
men are in ignorance of the inviolable laws which hedge them
in as offenders on every side like walls, and which become
to the truth-seeking lover of justice, wings of beauty and
of strength; what can we hope for but a continuance of those
evils for which we have no better remedy than evil itself!
Knowledge of the laws which govern our existence as responsible
agents, and education of the right sort, applied physically,
mentally and morally, after the best methods, can alone solve
the problem of our great social evils, and comprehend at
once their cause and cure. "When", asks Dr. Channing, "will
statesmen learn that there are higher powers than political
motives, interest, and intrigue ? When will they learn the
might which dwells in truth? When will they learn
that the past and present are not the future; but that the
changes already wrought in Society are only forerunners,
signs, and springs of mighty revolutions ? Absorbed in near
objects, they are prophets only on a small scale. They may
foretell the issues of our next election, but the breaking
out of a deep moral conviction in the mass of men,
is a mystery which they have little skill to interpret. In
all the grandest epochs of history, what was it won the
victory ? What were the mighty all-prevailing powers ? Not
political management, not self-interest, not the lower principles
of human nature, but the principles of freedom, of justice,
of moral power, moral enthusiasm, and the divine aspiration
of the human soul". But whatever may be the objects,
and whatever the means which control this matter of the treatment
of Criminals, let us glance at the results before leaving
the subject. The statistics for London alone, of crime and
dissipation, are as follows: —
16,000 children trained to crime.
5,000 receivers of stolen goods.
15,000 gamblers by profession.
25,000 beggars.
183,000 habitual drunkards.
150,000 persons subsisting on profligacy.
50,000 thieves.
These figures
are made up from cases under notice. Those that escape
notice may be as many more; but these alone give a total
of 784,000 souls! And this is what the nation suffers for
neglecting to make efficient provision for the education
and physical welfare of the masses; and all through selfishness!
It costs us over two million pounds sterling, per year.
How long we shall suffer the double stress of this moral
and physical burden, we alone can decide. The cause and
cure is within and from ourselves I ....
II) — It may not be immediately apparent why we have
elected to deal [Page 8] with
the subject of lunacy and its treatment, in connection with
that relating to criminals. Before tracing the connection
which we find to exist between the two subjects, it may be
best to consider the nature of lunacy, and the provision
that is made for its treatment. Of course the only complete
method of dealing with the diseases of the brain and their
effects upon individuals, would be to gain a proper knowledge
and understanding of the normal conditions and proper functions
of the various parts of the brain. This of course we cannot
attempt. We must therefore content ourselves with a summary
view of its functions in their normal and abnormal conditions.
The normal brain has three chief and distinct functions,
viz. —
1. To be affected by impressions.
2. To express consciousness.
3. To affect other bodies within its-sphere of action.
The complete interaction of these three functions is held
to constitute sanity. Any departure from the perfect manifestation
of these qualities is attended with more or less danger of
an eventual loss of certain healthy conditions of thought
and action. This deterioration of the physical condition
of the brain is not always to be discerned during life time,
nor is there always an indication of cerebral disorganization
to be found in the post mortem examination of certified maniacs.
This is an important fact and one which should concern the
occultist very greatly in his consideration of the treatment
of lunatics.
Dr. Winchcomb,
of the Warwickshire County Lunatic Asylum, testifies to
this fact in the following words: — "I
have long come to the conclusion that, the outward appearance
of the brain being normal, is no proof that the mind is sound". From
this, and other evidence to the same effect, we may conclude
that the border line between sanity and insanity, from the
purely physical standpoint, is not as yet determined. Professor
Windle, of the Queen's College, says: — "It is
only with the greatest possible care that even the most experienced
are able to detect between a common illness and the most
advanced conditions of insanity; between nervous affections
and brain disorganization".
However, not to
lengthen this subject indefinitely, we may state that there
are three primary affections arising out of the disorders
of the brain. They are: —
1. Illusions.
2. Delusions.
3. Hallucinations.
The first of these disorders is said to lie in a defective
condition of the sensorium whereby wrong impressions are
received, and thus the individual becomes the dupe of his
senses.
The second of
these unhealthy conditions of brain function, delusion,
consists in a misshapen impression being conveyed to the
mind and received by it as real and consistent, being uncorrected
by the application of logical thought. In the first case
the false impression begins and ends in the sensorium — but
here it extends to the mind; and just at that point where
sensation is translated into consciousness, illusion becomes
delusion. Hallucination is unlike either of these; for whereas
they are objective, and proceed from without, hallucination,
on the other hand, has its origin in the mind itself. In
its expression lie almost all the symptoms and conditions
of morbid insanity. In this state, the mind receives not
only imperfect impressions as in cases of illusion, but absolutely
false and unreal ones; and not only believes them to be
true, as in the cases of delusion, but cannot be reasoned
out of them. Perception, memory, and imagination, each runs
its own mad race. Neither faculty corroborates the others.
Impressions are false, memory imperfect, imagination contorted,
reason nil.
These are the three chief disorders of brain functions,
and those in whom these conditions persist are held to be
insane.
The statistics show that out of every 100 cases of insanity
20 are due to hereditary disease, 14 to bad marriages, 10
to intemperance, and 6 to epilepsy, the remaining 50 being
from distinct causes of a diversified nature.
So far we have
considered the nature and cause of insanity ; we must now
determine how far its treatment is provided for, and how
far the cure of this evil is effected. Until a very recent
date the number of private asylums, for the treatment and
safe keeping of lunatics, in this country, was comparatively
very large, and the system adopted in most cases was of
the nature which characterizes the average "baby-farming" establishment.
We believe it
is a well-known fact that many a well-conditioned and perfectly
sane child, whose prospects from all points were bright
and hopeful, but whose presence in the world was particularly
unfortunate for certain "interested" relatives,
has been secretly incarcerated in one of these private asylums,
and left there to be treated indefinitely for "aggravated
symptoms of insanity". All that was required was the
doctor's certificate. This could be obtained for a consideration;
and forthwith the victim of this diabolical scheme was committed
to the hands of the "keeper", under whose treatment
he rapidly developed symptoms which rendered the position
of the conspirators a comparatively secure one. However,
since the Government of this country has undertaken the supervision
of asylums, and in the case of lunatic asylums is responsible
for the appointment of duly qualified resident physicians,
the case is very different. Those who, under medical certificates,
are received into these [Page 10] places,
are cared for and attended in a manner in no way inconsistent
with our ideas of true philanthropy. The greatest possible
freedom, consistent with the circumstances of each case,
is allowed to them. They are provided with various means
of amusement, and are encouraged to take part in physical
exercises of different kinds conducted by one or more of
the overseers. In some places they have a theatre attached
to the institution, where plays and spectacles of an amusing
and instructive nature are presented. Their food is ample
and wholesome; and only in the most rabid cases of mania
or frenzy is there the least evidence of any restraint or
harshness; but even this is mostly assumed by the overseers
for the safer keeping of the maniac, and for self-protection.
The tax upon the energies and watchfulness of these overseers
is enormous; almost every case requires separate and special
attention, but as often as possible the inmates of the asylums
are grouped together according to the nature of their affections.
Such is the plan
usually carried out in our lunatic asylums today. The method
of treatment is generally that of counter irritation in
the case of monomaniacs, of stimulation in that
of hypochondriacs, and of palliation in that of
demoniacs; applied on the physical or mental principle
as the diagnosis of the case suggests. We have not been
able to get at the figures which represent the cures effected
under this method, but there can be little doubt that,
wherever the disease is not deep-rooted and chronic, it
would readily yield to such a course of treatment; and
in mere functional disorder of the brain I know that several
cures are effected every week, within the walls of one
asylum in this country alone.
Now, regarding
this subject in connection with that already treated, the
point of connection lies in the fact that thousands of
persons, including our highest medical authorities, are
convinced that the cause of crime is insanity, i.e.,
not only an imperfection existing in certain undeveloped
faculties of the mind; but actual physical disorganisation
of part or parts of the brain; and thus of consequent functional
disability. Take only one case, that of drunkenness, responsible
for the production of half the crime in our land. It is held
that the immediate cause of this failing is in a diseased
condition of certain physical functions; the secondary cause
being the insufficiency of moral strength to resist the gratification
of the abnormal appetite caused thereby. Now drunkenness
is not held to be a crime, but a disease; and yet, if, in
a state of intoxication, a man were to do harm to another,
the effects of this disease would be held as criminal, and
the culprit subject to punishment which may affect his pocket
or his physical comfort, quite as much as does his particular
failing, but which does not in any way aim at a redress of
the injury inflicted by him, or the cure of the disease,
of which his culpable action is only one symptom.[Page
11]
In the case of the suicide also, we see the same inconsistency
of judgment maintained by the law. If, from one cause or
another, one puts an end to his life, the invariable verdict
returned by the coroner is: — "Suicide
while in an unsound state of mind". But if, on the other
hand, the attempt at suicide were unsuccessful, or partially
so, the law would regard the act as criminal, and deal with
the unfortunate being accordingly.
In a satirical
novel entitled Erehwon, a play upon the word " nowhere",
the fallacy of our methods of criminal treatment is thus
portrayed: — In a remote and hypothetical part of this
world, there is said to exist a nation, whose laws with regard
to disease and crime are as follows: If a man be found guilty
of stealing, lying, defrauding, or other action which indicates
a lack of moral rectitude, he is taken to a hospital, where
his friends go to visit him and offer their sympathy and
condolences. But if one falls sick, is stricken with the
fever, or becomes insane, he is taken to a public prison,
and severely punished by flogging and other harsh treatment, etc.;
and to carry out the satire, it is said that the cures effected
by these means are enormous, and, in most cases, immediate.
Nothing could be more pointed and justly critical than this
parody on our modern methods.
In conclusion,
we venture to say that the application of Theosophic teachings
to this subject of the treatment of criminals and lunatics,
would result in the conclusion that impartial justice, — which
is no respecter of persons, and values life, as such, in
one man as much as in another, — demands
that similar measures of humane treatment should extend to
the criminal as to the lunatic. Theosophy would teach us
that action begun on the physical plane, ends there; and
that no reform which is to be permanently good can begin
with the world of effects, to which the transitory veil of
the flesh belongs. Therefore, it is the cause of crime, rather
than crime itself, which concerns us as immortal Egos, bound
to be born and reborn, never except as parts of that One
Humanity, whose degradation is our suffering, and whose freedom
is our Rest.
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