The Medico-legal Journal, Volumes 45-46Medico-Legal Society of New York, 1928 - Medical jurisprudence |
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air embolism ALFRED W alienists amblyopia Babbett G basal ganglia blind Bontkowsky brain tumor cause child classes clinical committed conviction court crime criminal Criminology death defective delinquents dementia praecox doctors Eden Paul evidence examination expert fact Ganser syndrome Grade Feebleminded Group High Grade Feebleminded hospital hysteria individual insane institutions Judge Lindsey jury KALTMAN katatonia lawyers left eye lesions Low Grade Feebleminded low grade morons Low Intelligence Group malingerer malingering married Medico-Legal Journal ment mental disease mentally deficient mind moral neurosis Neurosyphilis Normal Intelligence Group obduction offenders ophthalmoscopic patient percentage person physi physical injuries physician practice present prison Psychiatric Field Service psychic punishment question reason result rigor mortis social society statute sterilization Subnormal or Low symptoms syphilis testimony tests tion treatment visual acuity visual efficiency York
Popular passages
Page 51 - It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. . . . Three generations of imbeciles are enough.
Page 51 - We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence.
Page 116 - Vice is a monster of so frightful mien, As, to be hated, needs but to be seen; Yet seen too oft, familiar with her face, We first endure, then pity, then embrace.
Page 56 - As so construed, we think the statute is a violation of the fourteenth amendment of the federal constitution, in that It deprives the defendants of their liberty without due process of law. The statute which forbids such act does not become due process of law, because it is Inconsistent with the provisions of the constitution of the Union. The "liberty...
Page 63 - ... unless it is found in the interest of the service to fill any vacancy by reinstatement, transfer or promotion.
Page 51 - There can be no doubt that so far as procedure is concerned the rights of the patient are most carefully considered, and as every step in this case was taken in scrupulous compliance with the statute and after months of observation, there is no doubt that in that respect the plaintiff in error has had due process of law.
Page 135 - ... no knowledge whether the proper medicine was administered or the proper surgical treatment given. Whether a surgical operation was unskillfully performed is a scientific question. If, however, a surgeon should lose the instrument with which he operates in the incision which he makes in his patient, it would seem as a matter of common sense that scientific opinion could throw little light on the subject.
Page 61 - The courts are not the guardians of the rights of the people of the state, except as those rights are secured by some constitutional provision which comes within the judicial cognizance.
Page 62 - A bill of attainder is a legislative act which inflicts punishment without a judicial trial. If the punishment be less than death, the act is termed a bill of pains and penalties.
Page 59 - There is no element of punishment involved in the sterilization of feebleminded persons. In this respect it is analogous to compulsory vaccination. Both are non-punitive. It is therefore plainly apparent that the constitutional inhibition against cruel or unusual punishment has no application to the surgical treatment of feeble-minded persons. It has reference only to punishment after convictions of crimes.