The Pennsylvania Journal of prison discipline and philanthropy (Vol. VIII, No. III, July 1853)Philadelphia Society for Alleviating the Miseries of Public Prisons
History
The Pennsylvania Journal of prison discipline and philanthropy (Vol. VIII, No. III, July 1853)
Philadelphia Society for Alleviating the Miseries of Public Prisons
Charities -- Periodicals; Prisons -- Periodicals
There is no uniformity in the several States, either as to the
appointment of Inspectors or the relations they shall sustain to the
public on one side, and to the prison and its inmates and resident
officers on the other. In some States they are appointed by the
Executive, in others by the Legislature. In some they are popularly
elected, and in others (as in Pennsylvania) they are appointed by the
judiciary. Our own impression is, that the appointing power of this
class of officers is most properly lodged in the executive department
of the government. It is, in its nature, analogous to other duties of
this department. It is in the exercise of purely executive authority
that the convict is committed, and it would seem fitting that this
same power should exercise a suitable control over him, directly or by
agents of its own appointment. If the Legislature has exercised its
functions in the enactment of the law, with adequate penalties, and
the Judiciary has past upon the guilt of a transgressor and fixed the
measure of his punishment, one would think the remaining part of the
work is peculiarly appropriate to the Executive.
There may be some advantages in giving the Inspectors the appointment
of warden and other principal officers, but it is clear that we thereby
lose an important check on both parties. There have been many instances
of gross official misconduct by Inspectors of prisons, which would
probably never have been revealed, had the appointing and removing
power been lodged in their hands. It is obviously undesirable to place
official parties in such a relation that each should be interested in
concealing or palliating the neglects or misdeeds of the other. If each
is made responsible to a third and superior power, the opportunity to
practice collusion, as well as the temptation to it, is essentially
diminished.
But leaving this question for future discussion if need be, we propose
to set forth briefly a few considerations which should weigh in the
selection of prison Inspectors, let who will appoint them: And
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