But the prisoners, and perhaps the framers of the law also, had
overlooked one little word in the language of the law, which grew to
have a large significance afterward. The language is, that if the
prisoner's conduct has been correct, etc., he may be granted parole. If,
for that harmless looking "may," had been substituted "shall," or
"must," the secret annals of federal prisons since then would have been
spared much rascality, corruption, cruelty, torture and death; and
prisoners would not have hated and distrusted their keepers as they do
now, and subordination on one side and humanity on the other would have
received an impetus.
That "may" rendered it optional with the board to grant or to refuse
parole in any given case; they might not only determine whether or not
the conduct of the applicant had been, while serving his sentence, good
enough to justify clemency; but also whether, even then, it were
expedient to exercise it. No matter how unexceptionable the behavior of
a prisoner were shown to be, it was open to the board to say to him, "We
hold that your liberation would be inimical to the welfare of society,
and we cannot therefore recommend it to the Department."
The prisoner, going before the board unsupported by the advice of
counsel, had no further recourse; he must go back to his cell feeling
that all his efforts to be obedient (persisted in through what
discouragements only prisoners know) had been futile; that he was not a
whit better off than was a man who had defied every regulation, and was
worse off in so far as he had taken all his pains and indulged all his
hopes for nothing. He must serve out his time; for if he renewed his
application at the next meeting of the board, he was told that nothing
could be done in his case except upon the presentation of "new
evidence."
New evidence of what? The obstacle he had to meet was the arbitrary
opinion, or fiat, of the board that it would not be a good thing to set
him free; with what argument, except his good conduct, which had already
proved unavailing, could he hope to reverse it? The decision left him
helpless and hopeless, and with a sense of despotic injustice on the
part of the authorities which was anything but conducive to good
discipline in him or in his comrades who were conversant with his fate.
Obviously, however, there was a weak point in this kind of arbitrary
rulings of the board; it was conceivable that some enterprising
Attorney-General might want to know why the board had not held the good
conduct specified in the law to be sufficient ground for freeing the
man. To guard against this, the services of a subordinate called the
parole officer were called in. This person's normal functions as
indicated in the law were to help paroled men to procure employment, to
aid them in general in their efforts toward a better life, and to stand
by them as an authoritative and kindly friend. But he was now required
to play a very different part.
Public-domain text, read in full here on John Shaqi.
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