The probation system inaugurated in the city court of Indianapolis has
covered:
_The Suspended Sentence._
The power to suspend sentence has saved many novices in crime from
undergoing the harsh punishment that would be otherwise meted out to
them, and that seems to be contrary to the constitutional provision
that “all penalties shall be proportioned according to the nature of
the offense.”
During the past year sentence has been suspended in 236 cases and
judgment withheld in 3,474. The majority of these were first offenders.
In those cases where the judgment was suspended, the court has had to
set aside the suspension of sentence and commit the defendants in only
two cases, and where the judgment has been withheld less than two per
cent. have been returned to court for a second or subsequent offense.
While there is no provision under the law for the employment of
paid probation officers, adequate supervision in 352 cases was made
possible by good citizens volunteering to serve in that capacity. These
probationers were required to furnish the court a monthly report signed
by the probation officer. Time will not permit the details of these
reports. Each tells its own story of heroic efforts toward right living.
_Paying Fines on Installments._
The old method of collecting money fines which compelled the defendant
to pay or replevy the same moment he was fined was always a source of
great hardship on the poor. It was unreasonable to expect a common
laborer arrested late at night and convicted in the morning to be
prepared to settle with the state. If he was unable to pay or make
arrangements to have his fine stayed for the statutory period, he
was sent to prison, not because the court had given him a term of
imprisonment, but because he was poor, which is in effect, imprisonment
for debt.
To aid this particular class there was introduced as a part of the
probation system a plan for the collection of fines in small payments.
In those cases where the defendant appeared deserving he has been
released on his own recognizance and the case held under advisement for
thirty to sixty days, as the circumstances seemed to justify, at the
expiration of which time he was required to report to the court that he
had paid in the amount designated as the fine and costs to be entered
against him.
At the close of the year 830 persons had been given an opportunity to
pay their fines in this way. Of this number, 64 were re-arrested and
committed for their failure to pay their fine, and the affidavits in
32 other cases are held for re-arrest. The balance lived up to their
obligation with the court and paid in more than $7,100.
Public-domain text, read in full here on John Shaqi.
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