The whole atmosphere of the court at the time of the trial calls for a
harsher and more drastic dealing with a defendant than would naturally
prevail after the feeling has passed away. For this reason, the
pardoning power is given to the chief executive to correct errors or
undue harshness after the legal proceedings have been finished. Often
after months or years, the persons or family who have suffered at the
hands of the defendant feel like reversing their judgment or extending
charity, and it is not unusual that the prosecutor and judge who
conducted the case ask for leniency and a mitigation of the sentence is
imposed. So often is an appeal made and so frequently is it felt just to
grant clemency, that this part of the duty of the chief executive has
grown to be very burdensome and really impossible for him thoroughly to
perform. The policy of the law is further to give a prisoner some
consideration and in cases of good behavior and mitigating circumstances
to release him before the expiration of his time. In most states this
has called for the creating of a board of pardons and parole. The
statutes fixing penalties for certain offenses provide for a reduction
of a certain number of weeks or months each year, but as a rule courts
take this provision into consideration and figure out the net time they
wish to give the defendant so that there is no clemency except through
pardon or parole.
In most states the duties of the board are very grave and its business
large. With this has generally gone a law providing for the release of
prisoners on parole before their sentences are finished. In these cases
the prisoner is paroled to someone who promises the board to employ him,
and a monthly report is to be made of his conduct for a stated length of
time. He is then given conditional freedom, subject to the revocation of
the parole by the board on the violation of its terms.
The administration of this power has made the parole board one of the
most important, if not the most important, of any branch of the state
government. The lives and well-being of thousands of prisoners are
absolutely dependent on this board. Even more important are the
happiness and well-being of the families of the inmates of the prison.
The power and responsibilities of this board are so great that only men
of the best judgment and of humane and just tendencies should be trusted
with the task. It also calls for great courage such as few men on
boards possess. The public generally clamors for vengeance and unfairly
and unjustly criticises the board, especially when a released man
violates his parole or commits another crime. This frequently happens.
Perhaps on an average ten per cent of those paroled are sent back to
prison before their term expires. All this makes it hard for the board
to perform its duties, and makes the members of the board timid and
doubtful of the result, often causing them to deny paroles in many cases
where they should be given.
Public-domain text, read in full here on John Shaqi.
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