It can't be done, legally or justly; but it is done; that is the gist of
the matter. There is no one to know the wrong and to insist upon the
right; and the wrong is perpetrated. Unnumbered victims of it, in every
federal prison of the country, substantiate this fact. The parole
board--which means, in practise, its president--exercises more power
than the federal court, and there is no appeal from his decision. At his
will, a man may be tried twice for the same offense, behind closed
doors, without aid of counsel. He may be condemned, though the offense
was never committed except in the imagination of an enemy. We tell our
convicts that they have no civic rights; but it is not generally
understood, I think, that the Spanish Inquisition of the Middle Ages can
properly be reproduced in Twentieth Century America even with men behind
the bars.
But let that pass. Things are done under the parole law worse than this.
If it were used merely as a means to induce unruly men to be docile, no
one could complain; if men thus induced should after all be deprived of
the reward they had earned, we might condone it. But what if we find the
parole board turned into an accessory of the secret service or spy
system, and learn that an applicant for parole, whether or not he have
maintained good conduct during his term, may yet hope for a favorable
report on his case if he will consent to betray some man on whom the
police have not yet been able to lay their hand?
Here comes a postoffice thief, for example. He was known to have had
confederates, but they escaped. He is up for parole, with only an
indifferent prison record to plead for him. "We do not find your case
meritorious," says the president to him (in substance), "but there were
two or three others concerned in your crime. If you are able to furnish
their names to the board, with such other information as may lead to
their arrest and conviction, we might see our way to recommend leniency
in your matter." I will not guarantee that the president expresses
himself in terms quite so explicit, but he makes himself perfectly
understood, and the prisoner perfectly understands that his liberty is
purchasable at the price of treachery.
I don't know what percentage of the miserable creatures accept the
ignoble offer; but I know personally of many who refused it. And I do
not need to ask what are the prospects of an honest and worthy career
for those who chose to be traitors. If they go to ruin, is not the
parole board responsible? On the other hand, who shall blame the convict
if he accedes to the bargain? The alternative presented to him is one
which might cause even virtue to waver, and convicts are not supposed to
be virtuous, especially when such an example as this action of the board
is set them. The alternative is liberty, or continued incarceration with
the strong probability of increased severity of treatment, and always
the off chance of death.
Public-domain text, read in full here on John Shaqi.
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