There remains the conditional sentence. A judge may decide, in
the case of first offenders who appear to him to call for such
treatment, that the sentence or the execution of the sentence,
shall be suspended for a given period, after which, if the
offender has been of good behaviour, and has not committed another
offence, the sentence is effaced and the condemnation is regarded
as non-existent; whilst in the other case the sentence takes
effect, and the punishment is added to that of the new crime.
This conditional suspension, however, assumes two very different
forms.
At Boston, in the State of Massachusetts, from the year 1870 in
the case of minors, and from 1878 in the case of adults, judgment
is suspended without regard even to the gravity of the crime or to
the antecedents of the criminal; and this custom has applied to
the entire State from the year 1880. All that the judge does is
to fix the period of probation. There is a probation officer
whose business it is to keep his eye on the persons affected, and
who has <p 272>extensive powers, including that of bringing them
up for sentence even for disorderly conduct, without waiting for
an actual relapse. This system has also been introduced into New
Zealand and Australia (1886).
In England, after the advocacy of the probation system by the
Howard Association, an Act was passed in 1887 ``to permit the
conditional Release of first Offenders in certain cases.'' This
law combines probation with sureties for good conduct. Judgment
is given, but sentence is not pronounced. The suspension is not
granted to any one who has previously committed an offence, or
whose first offence would be liable to a punishment exceeding two
years' imprisonment. There is no probation officer, for
supervision is replaced by personal or other sureties for good
behaviour.
On the continent of Europe another form has been adopted. There
is no supervision by a special officer, and no surety for good
behaviour; judgment is delivered and sentence pronounced; and the
suspension is not forfeited by disorderly conduct, but only by an
actual relapse.
This system, so far as the purpose was not effected by various
conditions as to the duration of punishment, which left room for
conditional sentences, as to the interval for taking cognisance of
relapse, and other details, was proposed in France (1884) by
Senator B<e'>renger; but Belgium was the first country to adopt it
in the law of 1888 ``on conditional release and conditional
sentences;'' and France followed in 1891, with the law ``on the
modification and increase of punishments.''
<p 273>
Before that time, at the Prison Congresses of London (1872) and
Rome (1885), there had been some discussion, without resolutions,
on the advisability of substituting for punishment with hard
labour either simple detention without labour or compulsory labour
without imprisonment, or removal from the place where the offence
was committed, or judicial admonition.
Public-domain text, read in full here on John Shaqi.
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