_The Indeterminate Sentence._--In Europe, in view of the sacred
character of individual liberty, it is the general opinion that
the law courts should have no power to sentence an offender to
imprisonment for anything but a definitely fixed term. But this
system is in direct contradiction with the object of the punishment.
The criminal is to be regarded as an abnormal, diseased individual,
whose punishment must last until he is cured. He must for the most
part be treated as we treat one suffering from mental disorder, who
is committed to an asylum for an indeterminate period. The work
undertaken by the State in respect of the majority of criminals is
to effect their physical and moral cure. It is therefore absurd on
the face of the matter to specify beforehand a precise period within
which the cure must be completed. It is quite impossible for the
judge, when passing sentence, to determine how long it will take
to attain the desired end. When and if that end is attained can be
determined only by those to whom is entrusted the administration
of the punishment--persons continuously, and for a long period,
associated with the prisoner. The duration of the punishment must
depend, not upon the offender’s conduct at the time the offence
was committed, but upon his conduct after he has been sentenced.
When an offender is serving out a fixed sentence, the only thing
that interests him is how much of the period he has got through,
and how much still remains before him. But when the sentence is
indeterminate, it will be his whole-hearted endeavour to conduct
himself in such a way, to effect such an improvement, as to obtain
his release.
At the present day, there is no country in which sentences are
altogether indeterminate. Even in the United States of America, where
the indeterminate sentence prevails, a maximum term is specified
for the prisoner’s detention. The greater this maximum, the more
powerful will be the effect of the indeterminate sentence. The
younger the prisoner, the more powerful also will be the effect of
the indeterminate sentence, for the younger the prisoner, the more
has he to expect from life. In America the experience of the working
of the indeterminate sentence has been so satisfactory, that there
is a general desire that the specified maximum sentence should be
completely abolished. But as yet the efforts in this direction have
been unsuccessful.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account