In the United States of America probation is employed. This is a
postponement of the sentence--that is to say, not a conditional
sentence, nor a conditional release from punishment, nor even a
postponement of punishment. In this way it is hoped that condemnation
and punishment of the child will be altogether avoided. The court,
at its free discretion, can commit the child to a reformatory
without having first passed sentence. If the child does not mend
its ways, it is brought up for judgment, and sentence is passed.
The system is an unmistakable improvement upon the unconditional
sentence. But the conditional sentence can be imposed upon such terms
that it is associated with a protective supervision, and that the
conditionally-remitted punishment will be reimposed, not only in the
event of the commission of a fresh criminal offence, but also in the
event of general misconduct.
The European system of conditional remission of punishment consists
in a conditional release of the prisoner after he has served a
portion of his sentence. If he makes a good use of his freedom,
the remainder of his punishment is entirely remitted, but if he
misconducts himself he must return to prison and serve out his term.
Release on parole in the United States of America is distinguished
from this system by the fact that in the former case, after its
release, the child remains subject to educative supervision; and
it is distinguished from probation by the fact that in the case
of probation a portion of the punishment, or of the reformatory
education, as the case may be, has already been undergone.
Probation and release on parole are preferable to the European
system; for from this last, since it is not associated with any
serious attempt at educative supervision, no particular good can be
expected. It is eminently desirable that the criminal legislation
of every civilised State should adopt these systems of probation
and parole, with whatever modifications may be found necessary in
individual countries; and the tendency of evolution is unmistakably
in this direction. In the majority of the States of the American
Union, the probationary system is in force, and in many of these
States it is applicable even in the case of adults. In most of those
States in which it is in force, it is associated with the system of
Children’s Courts; but in a few these Courts are as yet unknown.
Public-domain text, read in full here on John Shaqi.
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