The Delinquent (Vol. IV, No. 4), April, 1914Various
General
The Delinquent (Vol. IV, No. 4), April, 1914
Various
Prisons -- Periodicals
At the Mansfield reformatory more prison labor will be utilized
further to reduce the cost of the development in Madison county.
Furniture and fixtures for the new prison offices and library will be
manufactured there and shipped.
* * * * *
_Parole Test Case in Virginia._--The recent session of the General
Assembly of Virginia passed the Allen bill providing that the
Penitentiary Board might in its discretion parole a prisoner after
he had served three years of his sentence; but exempting from its
provisions those convicted of murder in the first degree or of criminal
assault. Governor Stuart described this bill as misleading in its
title. It should have been, he said, “An act to increase the powers
of the board of directors of the penitentiary at the expense of the
constitutional powers and prerogatives of the executive.”
The Governor referred it to Attorney-General Pollard, who, held not
only the bill was unconstitutional, but that the parole act of 1904,
which it sought to amend, was likewise unconstitutional. On this advice
the Governor vetoed it.
In view of the opinion holding the parole law of 1904 unconstitutional,
the question arose as to the future conduct of the prison directors. In
a statement issued at the time Governor Stuart expressed the view that
it was certainly not contemplated in the Constitution that the prison
board should sit as a sort of superior court, to review and reverse in
criminal cases not only the verdicts of trial juries and the judgments
of Circuit Courts, but the deliberate opinions of the Supreme Court of
Appeals as well. The Attorney-General upheld the view that any action
releasing a prisoner before he had served the specific term for which
he was sentenced by due process of law was to upset and reverse the
trial court. This power, it was held, was vested by the Constitution
exclusively in the Governor, who may grant absolute pardons or may
grant pardons with conditions attached, which are in effect paroles.
Prior to the act of 1904, under the statute of 1896 and subsequent
acts, there was a parole system, under which the prison board from time
to time made recommendations to the Governor of those convicts who
were, in their judgment, suitable for conditional pardons or paroles,
thus acting in an advisory capacity. The act of 1904, which is the one
now in question, eliminated this report to the Governor and made it
possible for the prison board, in its own discretion, at any time to
release any convict after he had served one-half of the term for which
he had been sentenced.
Under this act the prison board has been from time to time paroling
convicts at its own discretion, acting entirely independent of and
without connection with the actions of the Governor in granting pardons
or conditional pardons, which are in effect paroles.
Public-domain text, read in full here on John Shaqi.
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