The Indeterminate Sentence: What Shall Be Done with the Criminal Class?Warner, Charles Dudley
General
The Indeterminate Sentence: What Shall Be Done with the Criminal Class?
Warner, Charles Dudley
Indeterminate sentences -- United States
We have now gone far enough to see that the ticket-of-leave system,
the parole system as we administer it in the State prisons (I except
now some of the reformatories), and the good conduct method are
substantially failures, and must continue to be so until they rest
upon the absolute indeterminate sentence. They are worse than
failures now, because the public mind is lulled into a false
security by them, and efforts at genuine prison reform are defeated.
It is very significant that the criminal class adapted itself
readily to the parole system with its sliding scale. It was natural
that this should be so, for it fits in perfectly well with their
scheme of life. This is to them a sort of business career,
interrupted now and then only by occasional limited periods of
seclusion. Any device that shall shorten those periods is welcome
to them. As a matter of fact, we see in the State prisons that the
men most likely to shorten their time by good behavior, and to get
released on parole before the expiration of their sentence, are the
men who make crime their career. They accept this discipline as a
part of their lot in life, and it does not interfere with their
business any more than the occasional bankruptcy of a merchant
interferes with his pursuits.
It follows, therefore, that society is not likely to get security
for itself, and the criminal class is not likely to be reduced
essentially or reformed, without such a radical measure as the
indeterminate sentence, which, accompanied, of course, by scientific
treatment, would compel the convict to change his course of life, or
to stay perpetually in confinement.
Of course, the indeterminate sentence would radically change our
criminal jurisprudence and our statutory provisions in regard to
criminals. It goes without saying that it is opposed by the entire
criminal class, and by that very considerable portion of the
population which is dependent on or affiliated with the criminal
class, which seeks to evade the law and escape its penalties. It is
also opposed by a small portion of the legal profession which gets
its living out of the criminal class, and it is sure to meet the
objection of the sentimentalists who have peculiar notions about
depriving a man of his liberty, and it also has to overcome the
objections of many who are guided by precedents, and who think the
indeterminate sentence would be an infringement of the judicial
prerogative.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account