The Journal of Prison Discipline and Philanthropy 1919 (New Series, No. 58)Pennsylvania Prison Society
History
The Journal of Prison Discipline and Philanthropy 1919 (New Series, No. 58)
Pennsylvania Prison Society
Charities -- Periodicals; Prisons -- Periodicals
Those considerations have led the Commission to the conclusion that
the whole subject of the suspended sentence and probation in this
Commonwealth should be thoroughly studied in order that the principles
that should govern it may be carefully defined and its procedure
worked out, supervised and put on a uniform basis. New York and other
States have for this purpose created a permanent probation board or
commission and the success which has attended their labors suggests the
institution of a similar body in this Commonwealth.
(_b_) The indeterminate sentence, which made its appearance in this
Commonwealth in the law of May 10, 1909, has passed through several
phases to a state in which its purpose is almost completely defeated.
In its original form it provided that the maximum term to be imposed
upon a convict who should be sentenced to imprisonment in either the
Eastern or the Western Penitentiaries should not exceed the maximum
time prescribed by law and that the minimum term when not fixed by law,
should not exceed one-fourth of the maximum time. This law was amended
by an Act approved June 19, 1911, striking out the restriction as to
the minimum sentence, thus leaving to the courts complete discretion
to fix the minimum to be served at any period short of the maximum.
Many of the courts have in frequent instances virtually nullified the
indeterminate sentence principle by imposing minimum sentences so
excessive as to bring the judicial office into disrepute. Sentences of
from 18 years to 20 and from 19 years to 20 have been common, and there
have been cases so grotesque as sentences of 19 years 11 months, or of
19 years, 11 months and 29 days to 20 years, of 23 years and 3 months
to 25 years and of 27 to 28 years. These are only the more extreme
illustrations of a practice which has been common enough to justify a
demand for a law which will result in greater uniformity in the matter
of imposing sentences for crime.
At its best the maximum-minimum form of the indeterminate sentence is
an unsatisfactory compromise between the ideal aim of penologists and
the traditional attitude of the courts, which cling tenaciously to
their ancient prerogative of “making the punishment fit the crime.”
That the power of determining the period of imprisonment requisite to
meet the demands of justice and the interests of society may safely be
confided to other than judicial hands has been conceded in the case
of all offenders entitled to commitment to reformatories, who are
sentenced to an indeterminate term limited only by the maximum fixed by
law, or, in the case of minors, to the attainment of their majority,
and who may be released on parole in the discretion of the boards of
managers of the institutions to which they are committed. It is only
in the case of hardened offenders or of those guilty of certain major
offenses that a minimum sentence is imposed.
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