The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1890-07-17

emotional sentiment, personal feeling, OF
absolute ignorance of eXtenuating incidents
or surrounding circumstances. Then. again.
the wide latitude afforded the court, in the
difference between the minimum and maxi
mum penalties-and the fact that, virtually,
the mOneyleSS or friendleSS prisoner has no
means of appeal, in case of error, deprives
the offender of all chance of justice. and
makes the muchvaunted privilege of trial
by jury' little better than ptiful, misera-
BILE farce.
The question now remaining to be solved
is: ''HOw can this grievance be remedied;
and the safety of the community be secured
while the offender is protected from injus-
tce and afforded prospect of ultimate res
toration to his proper place in socety?"
We reply that the only practical and sue
cessful solution of the problem is to be
found in the substitution of the indetermi-
nate for the arbitrary sentence. The prin-
ciple involved is fundamental law
of nature. If man is sick OF con-
tagious disease, he is isolated only just so
long as the disease remains; his cure is i'm
mediately and inevitably followed by his
restoration. If person suffers from men-
tai alteration, he is only kept in cOntne-
ment so long as that alteration continues;
the moment he demonstrates his recovery,
and restoration to his normal health of
mind, he is liberated from restraint. If
child diSObeys his parents, the duration of
domestic discipline is measured only by his
resistance to authority he declares his
intention to obey, he is at once restored to
his proper position in the family. The
same principle is demonstrated and devel-
oped in the treatment of the criminal under
the operation of the indeterminate SEN
tences. We do not propose. in this paper
to enter into any elaborate description of
the technical application of this system, for
the reasons that the eminent penOiOgiStS
who originally formulated the scheme, have
practical and personal knowledge of its
excellence. and that the marvellous results
which have been achieved in the Elmira
Reformatory and kindred institutions in
this country as we'll as in the kingdom of
Great Britain, would render any remarks of
the kind on our part SuperfuOuS and i'm
pertinent. We shall therefore content our
selves by pointing out to the readers of The
MIRROR, a few of the special advantages
accruing to its operation both on the pris
Oner and on the community at large.
First, the indeterminate sentence places
the prisoner. from the first moment of his
entrance ''behind the bars'' on the broad
basis of his own merits. He is treated as a
man suffering from moral diseaSe-and the
fact is presented sOlidly to his mind that, so
long as the least veStige of that disease is
apparent in his conduct or bearing, so long
will he be kept under restraint; but just so
soon as he indicates. by thought, word and
deed, that he is capable of self control, ca
pable of intellgently and steadfastly pursu-
ing an honest and honorable course of life
the instant that that fact is satisfactorily
demonstrated to the authorities in whose
charge he is placed-he is at once set at
dnr os,,n flo
power of self control is fully established.
1t may be objected that such a course
would open the door to hypocricy, from
the more intelligent prisoners preSuming
that the temporary obedience to the laws of
the prison would release them so much the
sooner from their imprisonment, and give
them an opportunity to return to their
former crooked ways. But such an Objec-
tion would hardly hold water. for the reason
that. under the operation OF the Indetermi-
nate Sentence Law. any indication of re-
lapse into former habits and associations by
the parOled prisoner, would at once be Wis.,
tied by his re-arrest, and return to prison for
an Indefinite period, without any form of
trial. The man on parole would know and
feel that the continuance of his liberty was
entirely dependent on his own upright con-
duct, and avoidance of all shady or crooked
actions or associations Thus, society
would benefit by the energies, labor, and
salutary example of a repentant and re-
restored member. and the "criminal ranks"
would be more than proportiOnally lesSened
by the influence of that mans example on
the inmates of the institution he had left.
The adoption of the ndeterminate sentence
would materially enhance the safety and
comfort of the community by virtually con-
demning the habitual criminal to life-l long
imprisonment; because, in any case. the
commission of any otfense against the
person or property of their fellOw-citizens