The record-union., 1898-12-04

established which are intermediate be-
tween the prison and the reform school,
to which persons under fixed age,
generally thirty, are sent, and who, af-
ter being subjected to a course of disci-
pline and training, are, If in the judg-
ment of the manager or Board of Direc-
tors, it is deemed proper. given their
release. Even an institution of this
character, with such system, under
our form of government, would be open
to many grave objections Those who
may be placed in charge of such insti-
tutions having such a system will re-
quire a peculiar kind of talent and ex-
perience which it would be difficult, If
not impossible, to obtain in California
Even if such talent and experience
could be obtained, those in authority
would constantly be subjected to po-
litical pressure to allow the release of
persons who were not entitled to it.
No one, so far as 1 know, has ever be-
fore seriously suggested the applica ton
of this system to the State prisons.
Even its most fervent advocates only
claim it to be advantageous when ap-
piled to persons who have not yet form
ed fixed habits and whose advent into
crime has been caused Chiefly by their
bad associations.
while the system of allowing the
| Judges of our courts to fix a definite
sentence which a prisoner must serve
may not in all instances work for the
best interests of society and for the
good of the individual prisoner, still
believe it to be the best practical sys-
| tenn that has yet been devised, except
| for youthful offenders.
while I do not understand that a.
majority of the board strongly advo-
cate this system for our prisons. still
they give it modified approval, and as
my views are strongly formed on this
point, I put them in this supplemental
report.
| It believe that punishment should be
inflicted, not only for the reformation
of the prisoner, but for the protection
| of society, and that as much error can
be committed by extreme leniency as
by extreme severity.
IF, however, the State believes that
it can stand the expense, 1 would sug-
gest that the indeter1ninate sentence
system, applied to persons under twen-
ty-fve years of age, would be produc-
tive Of good results, but also wish to
add that I think it would be impracti-
cable to apply it to the State prisons
"Second-The parole law should, in
my judgment, be amended so as to ex-
clude from its operation persons con-
victed of arson, forgery, rape or any
degree of homicide, and possibly some
| other offences should also be excluded
| from the operation of this law. Of
/ fences that show premeditation and a
malicious heart should certainly be ex-
| cluded, and in cases of crimes of vio-
| lence society has a right to fix an arbi-
trary punishment for the purpose of
preserving peace and order.
"The parole system is founded on the
| idea that young men who are subjected
to bad influences have been led into
crime, but that they may after serving
a term in prison be brought to lead a
virtuous life by placing them under
/ proper influences, while still holding
over them the power of recall should
they violate the provisions of their pa
role, and in some of the States, the law,
as so enacted, has been amended in
accordance with these views.
sThird-Another suggestion it seems
! to me that should be made for the con-
sideration Of the Legislature is a law
/ providing that a person who has been
thrice convicted of felony should be
| deemed to be a habitual criminal and
confined for the term of his natural
| life. 1t is fair to assume that person
who has been convicted three times of
a felony is a confirmed criminal, and
/ either has no desire to reform, or is
| Incapable of reformation. He is a men
ace to organized society, and good gov
ernment owes it to itself to restrain
him from preying upon it. He should
be restrained from his liberty for the
! term of his natural life. Such is the
/ law in Ohio, and I believe that such a
| law in California would have a wise
deterrent influence.
"Fourth-The question of utilizing
the two State prisons at Folsom and
San Quentin so as to confine in one the
hardened class of criminals, and in the
other those for whose reformation some
| hope may be entertained, is worthy of
careful consideration. This could be
done at comparatively trif1ing expense
/ by authorizing the Wardens to select
/ from the aggregate number of prison
ers now confined in our prisons those
whom it is deemed belong to the class
| of hardened criminals, but such a
classification would probably have some
/ effect upon our industries, and a 1eor-
/ ganiZation of our prison industrial sys-
tenn might have to be had as a result
of such classification. The effect of
such a classification and segregation
would be to prevent the association of
youthful criminals with those who have
! become Sstaeued in crime
I beg to join the other members OF
the board in acknowledgment of the
fidelity and faithfulness of the prison
| officials, and of the many courtesies
you have constantly extended to us.
Respectfully yours,
ROBERT T. DEVLIN."