The first reform necessary is the total abolition of the definite and
predetermined sentence. The indefinite sentence is no longer new, either
in principle or practice; all that is needed is its systematic extension.
It has been adopted by several of the American states, such as
Massachusetts, Ohio, Pennsylvania, and Kansas, and it was introduced at
the famous state reformatory of New York at Elmira, by an Act passed in
1877. This Act took from the courts the power of definitely fixing the
period of confinement in prisons until, in the opinion of the managers of
the Reformatory, they may be let out on parole for a probationary period
of six months. No imprisonment was to exceed the maximum term provided by
law for the offence for which the prisoner was convicted. Several thousand
criminals have passed through Elmira, and only a small percentage prove
recidivists. Before a prisoner is paroled a suitable situation is, if
possible, arranged for him. To an Englishman, Frederick Hill, belongs the
honour of first suggesting this fruitful reform, the indeterminate
sentence, and his brother, Matthew Devonport Hill, vigorously supported
the principle. In 1880 Garofalo--independently, it appears--advocated
indefinite imprisonment in a pamphlet entitled _Criterio positiva della
penalità_, published at Naples, and in his great work, _La Criminologie_,
he wisely and consistently advocates the abolition of the definite
sentence of imprisonment. In Germany it was advocated in 1880 by Dr.
Kraepelin, a well-known authority on these matters (_Die Abschaffung des
Straffmasses._ Leipzig), and in 1882 Professor von Liszt, of Marburg,
supported it with the weight of his authority. This fruitful reform, which
sprang up almost at the same time, and with apparent spontaneity among the
Anglo-Saxon, Latin, and Teutonic races, although of such recent growth,
needs little advocacy. It is so eminently reasonable that to state it
seems sufficient to ensure its acceptance. When its advantages are
generally known and realised it will undoubtedly spread in the same way
that it has already begun to spread in the United States.
While the indeterminate sentence is an absolutely essential reform, if our
prison system is to be redeemed from the charges that now weigh so heavily
upon it, it is still only a preliminary step.
Public-domain text, read in full here on John Shaqi.
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