The Problem of Mental Disorder in Crime

Abstract

One of the consequences of the law's acceptance of the lay notion that most people are free rational agents is the tacit assumption that except in clearly recognizable cases of marked dementia, all people are the same and should be treated alike. No middle zone is recognized. This approach to the problem of anti-social behavior is, of course, completely opposed to the present trend of thought. To the criminologist mental abnormality is an extremely broad concept; and is merely one of the factors to be considered in determining in individual cases why an offender offended and what method of treatment would be most effective in protecting society against a repetition of such behavior. But the law could not adopt such a view and still continue to exist as it is classically envisaged. Law is general; rules are framed in advance and are applied to all equally. An inquiry into the causes of behavior for the purpose of determining a legal result would make each case unique. There could be no law.