The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1876-12-30
inequality of Sentences.

Inequality of Sentences.
MEssAs, EDITORS Tho large number
OF criminals sentenced at the last term of
the Addison County court, and, to many
Of the public, the unequal sentences con
sidering the crimes and ell the ATTENDING
circumstances, induce me to express to
you my views in relation to the inequality
OF sentences Of criminals by different
courts in this state, and sometimes BY the
same court. Each judge appears to have
q standard OF his own by which he il
guided, and great diversity of opinion
seems to exist in adjudicating the various
criminal cases that come before them.
The legislative branch Of the government
has wisely provided laws for the punish.
ment Of crime, the violation of the rights
Of others in their persons md property.
The law creating the Vermont state
prison avows two objects in founding that
institution, the punishment and reforma.
ton OF criminals, and it has given the
courts having criminal jurisdiction great
discretionary power. For instance, the
several statutes provide that the crime
Of burglary shall be punished by impris.
onment in the state prison not more than
fifteen years; for larceny, not more than
ten years for horse stealing, not more than
ten years; aud for the second conviction
not more than fifteen years, and other
crimes in like proportion. This great
discretionary power given the Judges is
wise, and if wisely administered. will
prevent the infiction of undue punish.
mont on those who have violated the law
under extraordinary CIRCUMSTANCES, and
81 the same time, lay the hand of Justice
heavily on those who are in the business
and pursuit of crime. Crime may be
arranged in different classes as regards
its real character. Some crimes are de-
liberate. malicious, committed BY old
offenders, professional thieves and bur.
glars; others spring from impulse, pow.
erty,.ignorance, provocation, aud by those
who are driven to crime by misfortune,
restitution or injustice These various
cases require on the par, Of our courts
close, intelligent observation and knowl.
edge Of all the circumstances to enable
them to exercise discretion, adiudicate
ftly, lnete op! justice to tho cid malicious
offender. clenency and mercy to tho
young and ignorant transgessor.
The object ia not SO much to punish the
prisoners as to reform, to save them and
protect society. For the first offence
there is a greater chance of reformation
and future moral life when the sentence
is short. With the old offender il il
different. If the criminal continues bis
crimes after serving one or two sentences
in prison, it is satisfactory proof that it
is not safe 10 let him DO at large. Look.
ing at the sentences Of two of the Oldest
judges in the state, for several years past
/ find their s'ntences very UNEQUAL for
the sans crimes. The chief Justice of
the supreme court presiding over the
Addison county court has sentenced
during the past ten years. 10 this county,
between thirty and forty criminals, the
average term Of sentence being about
three years. The first assistant Justice
presiding over the Windsor county court
during the same time, has sentenced in
that county about thirty convicts, the
average term OF sentence being four years
and seven months. The crimes average
about the same, and probably are about
the same in degrce,yet the sentence in the
latter county was more than one half
longer than in the former. If ajudee is
to err in bis prison sentences, l would
much prefer to have him do it 10 tho di.
rection of the shorter sentence, certainly
when it is the hrst offence, as many Of
the eonvicts discharged from our prison
repent OF the crimes they have done, and
return to course Of yirtuous living.
Some Of the individual cases brought
to my notice are these A young man
under age enters store and steals pair
Of boots, is sentenced to prison for five
years; another young man about the
same age takes from the man no is at
work forI about one hundred dollars, is
sentenced for three years; the third
young man enters a private dwelling and
takes iD money and property to the value
Of twenty-five hundred dollars. is sen.
fenced for one year. Each of the above
prisoners plead guilty. To further illus.
trate this point l will mention few cases
Of horse stealing. A prisoner in Windsor
county, for this crime was sentenced for
eight years, another. for second oifense,
ten years. One from Rutland county,
first ofense, was sentenced for ten years,
In this county, during the past ten years,
there have been four sentenced for horse
stealing, each for three years, all first
offences. At the last term Of court, ono
William Wright was sentenced for horse
stealing for one year, il being his third
committal to prison. These facts con.
vince US that The Discretionary power now
confded 10 the judiciary is so exercised
as to occasion great disparity of punish.
ment for the same offence, apd that con.
victs from one part Of the state pay a
greater penalty for their crimes than
those from spother, Communication is
going on daily among the ronviots and to
a great extent, Iu . very short time
after a convict enters the prison, IL il
known BY the prisoner where the new