The record-union., 1893-01-21
THE PAROLE SYSTEM.
Able Argument on a Most important
Subject.
Something That should be Carefully
Perused by Every Member of
the Legislature.

The following communication has been
received by the RECORD UNION from an
unknown source, and is published solely
on its merits. twill be found well worthy
OF careful perusal by all members Of the
Legislature, and in fact by every citizen
OF the State:
EDS. REcoRD-UNIoN: 1t is anticipated
that there are still those III the world
Save the comparison) ready to inquire
ike the Pharisees of old whether amy
good thing can come out of Nazareth, -
whose criticism of any production an eX-
convict might bring forth upon questions
connected with the reformation OF pris-
oners or legislation to be desired in this
direction would be adverse without re-
gard to its practical utility. 1t was,
therefore, not without degree of reluct-
ance that the writer determined to COM
nunicate the following reflections upon
the parole bill. The act is admitted to
have been serviceable to a high degree in
other States of The Union, and that it
might become so IN California is the
writer's conviction alter an unconscion-
ably long term in the State Prison at
Folsom, which was, Notwithstanding,
slightly abbreviated by Governor X. W.
Waterman, of blessed memory.
a preparatory step to the introduction
OF the parole system in other States, it is
said, is TO make the terms of sentence in-
definite or indeterminate. This. nc
doubt, properly belongs to the system
and under ordinary circumstances should
enter into the adoption of it by the State
OF California. But this requisite has been
measurably obviated by the courts. Oi
the 10O or 500 prisoners at Folsom Prison
large majority of them are undergoing
practically indeterminate sentences, and
from Governor Markham's recent mes
sage the same conditions exist at San
quentin. Many are under life sentences.
and very many others are serving terms
almost equivalent to that, thirty, forty.
hity, sixty years, some of whom stand
convicted of crimes trivial in their char
acter.
For instance, there are two prisoners
on the same charge of stealing half q
dozen chickens for sixty years each al
Folsom. And another, the Little Bar
ber," as he is called, got twenty years foI
picking lady's pocket of So. These are
not isolated examples. There are numer-
Gus other cases similar to these. The
parole system contemplates indetermin-
ate sentences, and they seem almost to
have been prepared to ordt by the courts
OF the State. But California is not alone
in the need Of reform in the management
OF her State Prisons. or in the system oi
treatment of criminals, if the testimony
OF prisoners from all parts of the country,
who speak from actual experience, is tc
be accepted, even cum grano salts.
The jails of to-day are, with here and
there an exception, substantially what
Toward in the eighteenth century found
Jails to be. The fault is largely due tc
construction. Jails on the "Pennsyl-
Vania plan" providing separate contine-
ment tor all prisoners therein, would sup
ply the needed reform for jails. Prisons
Of later date have scarcely been improved
though Of prison boards and commits
slOns there are many; and prison con-
gresses, State, national and international
have been held with their valuable dis
cussiOn and issue Of reports. Prisons
for reformation are still of later origin,
but they do not reform in any such gen
eral and efficient way as to perceptibly
affect the volume of recorded crime.
The first great need in this matter is a
better sentiment on the part of prison
officers and the public as to the true pur-
pose OF imprisonment and treatment OF
criminals for crime. There is an almost
universal demand for retaliation, or al
best a retributing Of evil for evil. What
The public sense for the time approves is
denominated justice, but this is often a
misnomer, for under the name of Justice
injustice is inflicted upon criminals, and
through the improper release of con-
5irlned criminals before or after conyic-
ton, society is unjustly dealt with. This
popular demand, as expressed through
our criminal laws and their administra-
ton, is the bane of good government.
either encourages the criminal or con-
signs him to depreciation. Ifthis current
sentiment could he replaced by the pas
sionless demand that every criminal
when once fairly convicted, shall be rea-
sonably cured of his criminality as the
lfsT r.f
mary requisite for reformed prison
management would be reached Neither
punishment for the sake Of it nor pardon
for the pleasure of it, but punishment
and pardon, either or both when pro-
motive OF reformation. This is the only
real security society can have from
known criminals.
Suitable legislation and systems Of
prison management based upon such a
sentiment will supply the second needed
reform, namely, motive operating
powerfully upon criminals to cause then
10 relinquish their practices and return tC
regular industry with right use of citizen.
ship. An analysis of human motives
brings us always to the avoidance O
pain or pursuit of pleasure as the active
principle in conduct, but since one mans
pain is another's pleaure, and by the
marvellous instructive adjustment tC
environment the pain of to-day some.
times becomes the pleasure Otto morrow
it is simply impossible by schedule oi
predetermined penalties to supply for the
mass of criminals any adequate deterrent
or reiormative motive. The history O
crimes and punishments throughout the
civilized world sustains the statement O.
Beccaria, that the public mind become.
infatuated TO penalties, so that in the
space OF a hundred years the gibbet terri
lies no more than fines and imprison-
ment. No doubt the innate love O.
liberty and natural repugnance to the
privaGions of imprisonment are facts
with all men and warrant the genera
a. plication of imprisonment for crime
1t Is not possible, however, and therefore
not properly the province of Legislation
TO precisely prescribe either the pains ol
duration OF Imprisonment. These
within due bounds, should be left to the
prison governors to be determined and
varied from time to time for reformation
according to the idiosyncrasy and ever
changing subjective state of the crimina
in confinement. Prison governors thus
charged with the protection of society
their cure or continued restraint
are clothed with great powers
and should be held TO strict accountable.
ity. They must not be trammeled by the
meddlesome interference of partisanship
whether political or religious. Due pro.
l6ctlOA lAOAl N4llAAlAaAS, II NOANl lils, as Al
does, their reformation or detention in Gus
tody, naturally necessitates a systematic
il not positively scientific treatment
which is only practicable when tho
prisons are on plane above, beyond and
outside of partisanship or prejudice.
The third needed reform, therefore, is
here stated to be the removal of prison
management entirely out of the sphere o
partisan politics and denominationalism
Coming now to the more practical re-