Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-10-13
lNpETERMINATE SENTENCE.

LII MluuSSUId Iu6y are uOW SlNtA6
attention to a proposed indeterminate
sentence law for all criminals except
murderers. This is one of the reforms
Warden Hunter of the Anamosa penf-
Tertiary had desired to accomplish but
his death week ago removes him
from that pleasure although the seed
he has sown may bear fruit. He was
able to enforce numerous of his more
modern ideas in the discipline of the
state institution, but legislative ac-
ton and the amendment of the entire
penal code is necessary in this in
stance
The lack of elasticity under the
present system the Inability to dis
tinguish between the hardened crimi-
nal and the young man whose con-
strIctive period is all before him; be-
tween the man who, for the good OF
the community, should be in the peni-
Tertiary, and the one who would be
supporting his mother or family by
honorable means If he was outside Of
the walls. 1t is true that each, if he
is guilty of crime should be punished,
but there is line of distinction. Jur-
les sometimes fail to convict. not be-
cause the guilt has not been proven
beyond reasonable doubt, but be-
cause all circumstances point to the
fact that the defendant should not be
compelled to face the statutory pro-
vision, mot less than five years nor
more than ten years.
Sometimes men become intoxicated
and do criminal acts that they would
never think of doing when not under
the inference of liquor. If the defend
ant is known to be honest and useful
to his community, although drunken
ness may not be a legal excuse he
stands chance of going free, If there
Is any kind of a defense besides
drunkenness, simply because if the
jury says he is guilty, the statute fixes
the penalty, although similar case
may not have been anticipated in the
drafting of the law
Few will say that the offender
should not be punished, but the penal
ty should be commensurate with the
crime. and under the indeterminate
sentence law, each case is disposed
of according to the merits of the in
dividual. Under the present system
he may go without punishment other
than humiliation. while under the in
determinate system he suffers penalty
in accordance with his individual case
Of course the indeterminate law is
not cure for all defects in our sys-
tenn of dealing with criminals. and no
such claim is made for it. 1t is sim
ply an advancement in the practice
and it's promotion comes both in Iowa
and in Minnesota from experts in
criminology, the men who deal with
and study criminals after they have
been convicted and sentenced.
Other states have indeterminate
sentence laws that are working salts
factorily. There does not appear to
be any organized opposition to the
proposed change here. Should there
be, some vital objections might be set
forth. However, the fact that the
idea has not progressed further is
due to the failure of enough persons
to interest themselves in it to the ex.
tent Of studying the difference be.
tween the old and the new.
| Warden Hunters reforms at the
Anamosa penitentiary have been quite
| generally approved, and his endorse
ment of the indeterminate sentence
law will undoubtedly give it promin.
ence although he could not live to &C.
complish it's passage.