The Washington herald., 1909-10-22
Putting Prisoners on Probation.

The idea OF putting lawbreakers on
probation in certain relatively minor
cases apparently Is gaining many friends
throughout this country, and deservedIy
so. we think. It's practical value has
been demonstrated IN so many ways
that its further extension would seem no
less probable than desirable.
The theory upon which this probation
suggestion is based certainly is sound.
It assumes that the first crime of a given
human beings life is generally due 10
lack Of moral control or presence of bod
ny want and wretehedness. Actual NAL
ice is not, as rule, 70 be ascribed 20
initial transgressions OF the law.
in municipal courts the probation idea
has been employed with great success in
the matter OF handling Juvenile offend
ers. Children are legally presumed TO
be incapable Of committing crime up 10
a certain age. Between that age and
maturity inexperience, thoughtlessness,
and improper training are conceded 20
mary transgressions. Thus. hundreds of
convicted youths have gone forth under
suspended sentences from various mu-
nicipal courts. never to DO seen therein
again. The subsequent lives OF these
liberated lawbreakers have been traced
in many cases, and the percentage Of
those who fall a second time is crafty
ingly small in all the circumstances.
1t Is now argued. with a strong show
Of reason. moreover. by advocates OF
probation OF first offenders, in the courts
discretion, that the practice should be
extended into the adult field. II child
may be held incapable OF crime az GER
tain ages, and unnaturally disposed there
to up to certain other ages. may It not
be safely assumed that a human being
weathering the days Of childhood and
youth devoid OF offense IS not necessarily
evil at heart when he commits his first
crime after maturity? Certainly as con-
Germs misdemeanors and lesser infractions
Of tho law this would not seem 70 be a
violent conclusion. And II Il be So why
not save and convert this adult 70 the
good purposes Of society. and that by IN
voziug the same remedy employed in re-
claiming the juvenile?
The contention that the first object OF
Imprisonment should be the reformation
Of the culprit rather than his punishment
is gaining more friends every day-has
been gaining them for years. It is justi-
fed I'm morals and common sense Every
prisoner IS a burden on the state. from
the standpoint OF dollars and cents
every prisoner that the state retains who
might be reclaimed by judicious and
wise means is, or ought TO be, a burden
on its conscience. The idea of punish
ment for mere punishments sake has no
righteous place in any scheme Of things
looking 70 the control and regulation Of
convicts. Men are Imprisoned set 10
hard work, or even done to death legally
and Justly at times. Of course but this
Is done for the protection Of honest men,
and not in retaliation against the prisoner
himself
To be sure. there are Ifs" and lands"
and butts" There always have been.
and always Will be, in questions OF this
kind In the hands OF a judge unwise or
not upright, this power OF probation
would be a dangerous thing. The objec-
ton IS more or less inconsequential, how
ever, for the greater number OF our judges
are not that sort. and none Of them need
be. A limited and approximately definite
discretion would reduce the probability
OF misapplication TO a minimum. and
mistakes could be remedied as we pro-
crossed.
Il cannot be disputed that experiments
so far have shown gratifying results in
some parts OF the country. And II that
IS agreed 10, surely the system might be
generally extended. to the great good Of
society everywhere.