Arizona republican., 1913-10-16
NO JUDGE CAN
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there are some persons convicted of
 crime who should by reason of the
 nature of the crime they committed
 CT the impOssibility of reformation,
 and for the good of society be iso-
 lated indefinitely and possibly for life
 The average criminal is an un-
 known man to the grand jurors who
 indicted him, to the county attorney
 who prosecuted him, to the jurors by
 whose verdict he was found guilty,
 and the judge who pronounced the
 sentence. As a rule the only facts
 revealed by the trial are those con-
 Tected with the commission of the
 particular offense with which he is
 charged; no judge however learned.
 however just, however honest. can
 tell how long the average man should
 be confined in order to accomplish
 any one of the objects of the infIic-
 uon of the penalties of the law as stated above.
 The man before the judge and jury is presumed to be innocent. is entitled JO that presumption until he has exhausted all the means provided by law to prevent his final convic- tic n. No judge when he prOnounces sentence on the prisoner has a right to demand of the prisoner that he shall reveal himself and his history. fer the reason that there are steps which may vet be taken that may re- suit in his acquittal; to compel the prisoner to disclose his history and thereby give evidence against himself
 would be not only contrary to law but great injustice. How can the sentencing judge know or guess whether three or thirty years is what the prisoner before him should re- ceIve in order to accomplish his re- formation or deter him from repeat ing or deter others from committing crime? How can the sentencing judge know whether the prisoner be- fore him is a repeater or first offender?
 No man can determine how much punishment should be visited on his fellow man as punishment for his As said above, there is pun lshment inflicted in the enforcing of penalties to prevent repetition, to de- ter others and become a willing ob- server of the law. Such punishment inheres in the enforcing of these pen aIties for the accomplishment of the other object. The Almighty alone has a right to punish for punishment's sake.
 The courts of the land should after giving to an accused man all rC asonable safeguards in the investi- GatiOn of the charge of crime against him, determine his guilt and then sentence him to imprisonment, with out limit as to time and then leave it to another tribunal to determine when he has been sufficiently pun ished. when he has served long enough to impress on others the seriousness of the Offense and operate to deter others, when it will probably be safe to society to release him, to keep in custody indefinitely such as by their conduct have forfeited all right to associate with their fellows and such others as do not give satis- factory evidence of repentance and reformation. The keeping of a man ih custody for life is not necessarily punishment It is the state protecting itself from the evil influence of a man who has proven himself a men, ace to it, and in whom there is no such hope of reformation as would justify his release among his fellows.
 There are men in all prisons who have only moral WhOoping cough, Oth- CTS the measles, scarlet fever. diph- theria, tuberculosis, leprosy, and nei- ther patient nor society will be bene- fitted by paroling out the moral Ieper Those suffering from the minor troubles should as soon as they have given evidence of recovery and have been incarcerated long enough to inn press them with the seriousness of their offense and to operate to deter others from like Offenses, be allowed their liberty under safeguards which will as best we can guard against re- la pses. While such as do not should, as in the case of physical and mental derangement. be kept in charge Of the state and isolated from their fellows"