The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1888-07-25
A Suspension Of Sentence.

Editor MlrrOr
Some months ago advocated the advisa-
biity of extending the scope of suspension
of sentence to include a class of offences
not at this time considered within the limits
of 1.-THE judges right" to exercise this dis
cretiOnary power. 1t is exercised in but
few instances. and is generally considered a
dead letter. My opinion is fully confirmed
by my prison experience. There are scores
for petty offences. when suspension of
sentence on their first conviction would in
all probability result in their following the
honorable walks of Life. The best proof
OF this is the many hundreds of persons
who are arrested and not prosecuted, who
are never again charged with criminality.
Within the range OF my acquaintance know
many men of the highest moral standing
who have been under arrest, but by compro-
mise or otherwise. have evaded the peniten-
tiary. In every instance there was a GER
tain satanic element in the communities
where their offences were committed that
row is the thinking apparatus of some people.
that they think the only way to cure a
wrong-doer is to club the principles of right
into him. But after many centuries of this
teenth century have become educated to a
level where they begin to see the fallacy of
punishment as remedy for the disease Of
criminality. Resulting from this discovery
the prisons OF our land have been receiving
intelligent attention at the hands of our
legislatures and national congress. Re-
fOrmatorieS and houses of correction are
being established in most of the states, the
methods of employing the inmates of pris.
Ons are being investigated under direction of
state and national legislation, and it is safe
to predict a great change in prison manage
ment in the United States in the near flu
ture.
Under an act of the New York legisla-
ture, passed in May, 1886. commission
was appointed to investigate several phases
of the prison question. The following is
one of their recommendations:
1.-The argument is advanced and has been
favorably impressed upon the public mind
that the refOrmatOry idea of parOling pris-
OnerS presumed to be first offenders is
wholesome and to be commended. 1t is
claimed to offer encouragement to refOrma-
ton and to produce satisfactory results.
In view of the fact that the Elmira reform
atOry is now filled to its utmost reasonable
capacity, and that steady and increasing
growth of that prison family is not only
apparent but likely to continue. and that
the suggestion has been made that another
similar institution might prOitably be eS-
tablHhed. this commission is of the opinion
that an experiment might be tried, which,
if found to work. advantageously, would
Obviate both the necessity and the expense
of creating another refOrmatOry. A law
or section of law empowering committing
magistrates or judges to suspend sentence
in cases Of unquestioned first offences and
granting the offender a parol upon the
application and bond of parent, guardian,
or employer, and conditioned upon the good
behavior of the person so convicted, might
not unreaSOnably be found to work benef-
cent and satisfactory results. Who, than
the court before whom the offender is tried,
could better know the facts entering into
the case. or better or more wisely exercise
this discrimination? And if encouragement
to reformation be a guiding impulse in
cases of this character, how could the
inducement to reform be better founded
tnan by merclIully Sparlng the OHender,
his family and friends, the deep humiliation
and disgrace of incarceration within prison
walls. IT contrition and reformation be
available it's fountain head must be dis
cerned in the merciful and generous dis
position indicated. But if the offender be
discovered to possess the elements of incOr-
rigibility in such degree as to prevent the
reformation sought he may readily be
brought before the court, sentenced, and
punished. The liability of misjudgment of
character and of being deceived in the plan
suggested is surely no greater than if the
convicted one be paroled and sent out from
reformatory after period of humiliation
and discipline more or less severe. A