Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1911-05-18
LAW FOR PUNISHMENT
OF IOWA CRIMINALS
The Following Article Of Explanation
Was Prepared By Judge Clyde
OF Usage, Iowa.
RADICAL CHANGE In LAW.


RADICAL CHANGE In LAW.
A great many people are ignorant
of our laws in reference to the sent
encing and releasing of persons found
guilty of crime. Four years ago the
Iowa legislature radically changed
the law governing the matters stated.
1t did so following the advice of
many careful students of criminolOgy
in an endeavor to make our laws &C
cord with the best thought of the
time. The new law gives greater en-
phasis to the reformation of the
prisoner and an attempt to make him
a good citizen and less emphasis to his
punishment. 1t made the prison at
Anamosa THE Reformatory, and pro-
vides for separation of the older and
more hardened criminals from the
others. 1t does not apply to the crimes
of murder and treason. First offenders
under thirty years of age with few
exceptions) are sent to Anamosa. All
others must be sent to the penitentiary
at Fl. Madison. Prisoners at the Re
formatory have much more freedom
and are subject to less humiliation than
in the penitentiary. Every inducement
10 uciu Oub W tliC DilSouCis
Among such inducements is
THE INDETERMINATE SENTENCE.
This is prominent feature of the
new law. Under the old law the judge
who imposed the sentence fixed the
length of the imprisonment, and in so
doing was given wide discretion. His
only restriction was the limits fixed
by the statute for each particular crime.
Under the new law the judge has no
discretion whatever as to the length of
the sentence. The exact language on
that point is, the court imposing
sentence of confinement in the peniten-
tiary shall not fix the limit or duration
of the same, but the term of such i'm
prisonment shall not exceed the maxi
mum term provided by law for the
victed" Under the old law the prisoner
is the fact that his imprisonment cannot
be for more than the longest time per-
mitted by law for that particular crime.
The indeterminates sentence was attacked
in the courts as a violation of constitu-
tional provisions. To uphold it against
such attacks the Supreme Court has
decided that each indeterminate sentence
is, in legal effect, for the longest time
allowed by law for the particular crime.
CREATED BOARD OF PAROLE.
But to avoid harshness and induce re-
form the new law created a Board of
Parole and gives to such board almost
unlimited right to parole prisoners for
good behavior, and to recommend to
the Governor full pardon in proper
cases. 1t is made the duty of this board
to promptly ascertain as fully as possible
all the facts of every case from every
available source, and to learn from the
prison authorities all about the prisoners
conduct, tendencies, etc., and from all
such information order such paroles and
to the Governor such par
dons as will do most complete justice
and equity to the persons concerned
and most strongly induce the prisoners
1t is the duty OF the trial
judges and prosecuting attorneys to aid
in every way within their power the
parole board to reach the right results
in each individual case. Where the
trial Judge knows extenuating circum-
stances he generally informs the prisoner
that the length of his confinement will
ucptilu idiStiy Ou HiS SOhuuSe "hAio ~
charge of the prison authorities, and
they impress this fact upon him more
and more while he is under their care.
ExTENUATING CIRCUMSTANCES.
1t sometimes happens that a judge
imposes upon prisoner a sentence
which the law declares to be for ten,
fifteen or even twenty years, and
within few weeks furnishes the Board
of Parole such extenuating facts, and
makes such recommendations that the
prisoner is released in year or fifteen
In such cases persons ignorant
of the provisions of the new law may
critsie the judge harshly for sentence
which he could not avoid entering, and
his merciful recommendations which
helped to secure the convict's early
release are known only to the prison
the parole board, and the
prisoner and his Immediate friends.
The new law has been in operation
only short time. Its results appear
TO be good so far, but the time is too
short to safely pronounce It success.
The law and all the officers who have
q part in its enforcement should be
yiyen "a fair trial and hearty suDDOrt.