The Journal of Prison Discipline and Philanthropy (New Series, No. 50) November 1911Pennsylvania Prison Society
History
The Journal of Prison Discipline and Philanthropy (New Series, No. 50) November 1911
Pennsylvania Prison Society
Charities -- Periodicals; Prisons -- Periodicals
Again, under the amended law the _court_ virtually determines when
a prisoner shall be eligible to parole. This is, however, utterly
subversive of the theory upon which the indeterminate sentence is
based, namely, that _parole is to be granted when a prisoner is
believed to be fit to be restored to society as a law-abiding citizen_.
The time when this may be done no court under the sun can fix, but only
those who have the prisoner in charge and under observation, and even
they may make mistakes. In the argument on the amended bill before
the Senate Committee, it was said by those who opposed the original
law, that it conferred judicial functions on the Penitentiary Boards,
and that there was not a State in the Union whose statutes prescribed
both the maximum and the minimum. But it was shown that under the laws
relating to the Huntingdon Reformatory the courts in imposing sentence
do not fix the duration thereof, but that the Board of Managers is
authorized to terminate the sentence at its discretion, provided the
detention shall not exceed the maximum of the term assigned by law for
the offense of which the prisoner was convicted; also, that in many
States, such as Massachusetts, Connecticut, Ohio, Indiana, Illinois,
Michigan, Minnesota and others, the minimum as well as the maximum
sentence to the state prison is fixed by law. It seems strange, indeed,
that those who opposed the law of 1909 should have forgotten the law
as regards Huntingdon; and that they should have been totally ignorant
of the laws of other States on a subject that is to-day receiving the
serious attention of many of the most thoughtful minds the world over!
On the benefits of a just and equal indeterminate sentence, Dr.
Frederick Howard Wines, one of the best informed and most eminent
penologists in the United States, expresses himself as follows:
Public-domain text, read in full here on John Shaqi.
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