The practical considerations of social defence are so strong that
the great majority of classical criminal experts now accept
criminal lunatic asylums, in spite of their manifest contradiction
of the formal theories of moral responsibility, on the strength of
which these asylums were, and still are, opposed by the
intransigents of the classical school. This is why the new
Italian penal code, in spite of its progressive aim, had
not the courage in 1889 to adopt them frankly; and in the
definitive text, as in the ministerial draft, it took refuge in an
eclectic arrangement which has already met with a crowd of
obstacles, due to the vagueness of the principles inspiring the
code.
These criminal lunatic asylums ought to be of two kinds, differing
in their discipline, one for the insane authors of serious and
dangerous crimes, such as homicide, incendiarism, rape, and the
like; and the other for slighter crimes, such as petty theft,
violent language, outrages on public decency, and the like. For
the latter, seclusion should be shorter than for the others. Thus
in England convicts are sent to the State Asylum at Broadmoor,
whilst minor offenders are sent to a county asylum.
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