The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1891-09-04
THE PEN1TENTIARY QUESTION.

Revision of criminal laws-I pre- line
that you come to the consideration of
the above mentioned subject with set
tied opinions, and 4 most earnestly re-
quest you to dispose OF them as speedily
as possible ana pass to the considers
zion of the penIJentiary and the sub
iects connected herewith. believe
That tie first step necessary to be taken
looking toward the inauguration OF
better prision system is the revision of
the criminal code. The present stat
utes were enacted before the present
conditions Of society existed, when
masters controlled their own planta-
lions and inflicted corporal punishment
for petty otfenseS. Or the l.5OO prlso-
ners in the penitentiary, 1,OSO are ne
groes, and Il large proportion OF them
are sentenced for petty otfenses.
the law should De 50 changed as to
rafse the division between petit and
grand larceny TO $50, $75 or loo, and petit
larceny and offenses of ike grade
should he Eade misdemeanors, punish
able by confinement in the work-houSe
of the county in which the o1fense was
committed, for similar lengths of time
to that now provided for their confine-
ment in the penItentiary, These short
term Jninor-felOny cOnviots constitute a
large proportion of the States crimi-
mails: at present S04 are serving out sem
tenceS under nVe years ana 4Uz unuer
Each county should pay its own Grim
inal costs and manage its convicts of
this grade, No county would have
more than it could work on the public
roads, bridges, streets, etc.. or on the
county farm to provide food for them
selves, the inmates OF the county Jail
and the poor-house. Four counties IN
the State supply about half OF the con-
victs, shelby having 4OSi Davidson, ZS3i
Hamilton, 81; Knox, IS, large part be-
ing minor felony erIIninals, go ,.
The other counties would not have
al pom an average more than ten, and no
county would nave more IL could than
mobilize for work wherever pt Desired
MOI cover these criminals not being vi
ciOus and being confined only for a
short term, the danger from escapes
would not be great. By this policy the
supply of criminals to the penItent1ary
would be cut of so per cent. and the
prison problem rendered much easier
of solution. The State would be saved
the expense of criminal costs, of trans
portRtion and of additional guards re-
quired for their safe keeping. Tie
character of the short term convict is
made worse rs a general thing from the
contact with the more vicious crimi-
nails in the Stats penitentlary.
In point of fact O9Iy those whose lib
erty is dangerous 10 sOojety ought to be
inGarcerated in the State prison.
The time of this session il short, but
II You will concentrate your legal talent
upon this work of revision | beiievf
thai il can bs effectively done. In re-
viewing The crlnipal laws the relation
of criminal Jurisprudence to prison dis
cipline should be borne III mind. The
Object of criminal lazy SHOULD be the
protection of society, the preyentton o
crime and the reformation OF the erimi
nal.
It's administration has been to a grea
extent in a vindictive spirit, and Law
giverR are prone to look no further thar
ayenging Violated law. y more com
prehensiVe view of the subject looks be
Vond the protecLlon OF society by de
Driving the criminal of his liberty, to
ward checking the growth of crime by
reforming the criminal. Criminal Law
| should act on the defensive, retributiv'
/ and reformatOry principles, but Whel
/ it acts only ON the FetribQtiVe princi
pie and treats with indiscrimipate rigo
| all who violate the criminal code il pa,
destroy the possibility OF reformation.
prison discipline.
The in.possibiIity of properly adjust
ing penalty to guilt by law has gIvel
rise to the "indeterminate" or 'ssuG
pending sentence" and conditional Alib
the question of "guilty" or mot guilty
of the crime charged upon the indict
I ment, but leaves the length OF time c
| nunishnent Detw cen the minimum an
| maximum terms provided by the stat
utes, to be determined by the good be
haVjOr and character of the criminal 4
ascertained by tbs prison officials. Fo
example, If the minimum and the max
mum terms for the punishment of
given crime are five and ten years, tn
prisoner may by his good beRayior an
evidences of Improvement in charactel
win his liberation upon parole, which
subject to withdrawal u pom violation {
its conditions; but If he does not so d,
port himself as to deserve parole, at th
expiration of the minimum term, he
restrained until he has deserved it {
until the expiration of the maximum
Instead of the court or jury deciding
advance the length of term OF punish
ment betwesn the minimum and max
mum limits, the sprison officials mak
this decision upon the good behavior
tof the criminal.
I An Incentive for effort at sci