The Bridgeport evening farmer., 1910-01-01
PROBATION AND
 THE CRIMINAL
COlOrado's New Law Gives Adult Offenders a Chance for
 Reformation

Reformation
 Ben B. Lindsey. Judge of the Juvenile
 Court of Denver.
 Exclusive Service The Survey Press
 Bureau.1
 The last Colorado Legislature gave that state a probation law making new application of the principles of the chancery courts to cases of adult criminals. It is believed to be the first law of it's kind. It only applies so far to misdemeanor cases which include the great majority in which probation is ever granted in any court. The law covers such common offenses as drunkenness, non support of wife or child, vagrancy, petty steal ing, violation of city ordinances. most of the laws for the protection of youth, certain forms of assault, neigh borhood rows, etc. few concrete cases will illusrate the difference be- tween the old and new methods of procedure.
 Here is a recorded case of petty larceny by young woman in a Lon don shop, reported in book entitled, "Old Bailey Experiences" being Treatise on Criminal Jurisprudence and the Actual Working of the Penal Code of Laws published by James Fraser in l833. It concerns the then existing law in England to punish with death, steaiin in a shop, or lift ing anything off counter with intent to steal.
 Under this act. one Mary Jones was executed. The woman 's< husband was prssed, their goods seized for some debt of his, and she, with two small children, turned into the streets a-begging. 'Tis a circumstance not to be forgotten, that she was very young (under nineteem and most remark ably handsome. She went to a linen draper's shop, took some coarse linen off the counter and slipped it under her cloak; the shoprr!an saw her, and she laid it down; for this she was hanged. Her defence was, q have the trial in my pocket). that she had lived in credit and wanted for nothing, till a press gang came and stole her hus- band from her; but since then she had no bed to lie on; nothing to give her children to eat, and they were almost naked: and perhaps she might have done something wrong. for she hardly knew what she did. The parish officers testified to the truth of this story, but there had been a good deal of shop lifting about Ludgate-an examp.e was thought necessary, and this wond- an was hanged for the comfort and satisfa ction of some shopkeepers about Ludgate street. When brought to re- ceive sentence, she behaved in such frantic manner as proved her mind to be in a distracted and despond- ing state; and the child was sucking at her breast when she went to Ty- burn.' The hanging did not stop the stealing. It only increased The state thought when it choked the woman it choked evil. There was the mistake.
 Now under the new probation law in Colorado let us follow a typical case coming to the attention of the writer only recently. Complaint was brought against young woman employed in large department store in Denver for stealing fifteen dollars. The proceed ing, as directed by the new probation law. would be like this: The case would be carefully investigated in ad- vance. The district attorney, having the assistance and advance of the probation officers, finds the facts about as follows:
 Young woman, (22) years old, eld- CT children; father bad; frequents gambling house tolerated by police. lost his wages there, took to drink, l became worthless: left home two years before in an apparent state of des- pondency (no doubt feeling his own sin but too weak to recover from it). The temptation to the young woman to steal was very great. It is per- haps her first oYense. The petition is in the civil division of the court hav- ing chanecry (as distinguished rom criminal common law Jurisdiction. This petition is entitled 'The Peep e in the INTEREST of Mary Smith," In the criminal jurisdiction it would be the people AGAINST Mary Smith for larceny, and before anything cou'd be done. before even probation could be applied. she must be first convict- ed of the crime of larceny.
 Now under this new law. since Mary's salvation is of first import ance, (rather than the s15, that being also important but of secondary instead of first importance, as under the old law) we do not charge her witht any crime at all. The petition in chan cery proceeds to tell about Mary's home life, her environment, opportun- ities. her former record. any good her. and it is recommended that in hhe interest of the state as we'll as Mary Smith the Court take Jurisdiction that justice be done.' Now if Mary | Smith does not want to submit to ! this proceeding she does not have to- 1 for arrest-as in criminal cases, to 1 which is attached a copy of. this pe- tition. These documents are simple l and to the point so any one can un- 1 derstand. She is informed that pro- | ceeding is under the chancery juris- l diction of the court in the probation | division thereof; that she may appear | and admit the fact or any part there of Or be questioned and required to | testify against herself. but in such | case she will not be found guilty of 1 any crime or committed to any jail l Or prison but will be required to give | a personal pledge or bond to refrain | from the repetition or commission of 1 an improper or unlawful act, and to l to such reasonable conditions | and terms of proba tion permitted by | law to be imposed by the Court, de- 1 signed to do justice. At any time | before, or at the time of hearing she | may ask to have the case dismissed | and heard as criminal case in the criminal division of the court with the | right to jury trial. the right to re- fuse to tell the truth about her of- fense, if any, and such other rights and subjects to such other punish- ments as the criminal law provides l for persons who are proceeded against | in criminal cases. The right to dis | miss ceases if not availed of before the hearing has commenced. After that only the court can dismiss the and remand it to the crim- nal court This would only be done of course in extreme cases.
 Our criminal law as it came down