The chronicle=news., 1913-10-15


of justic In many states.
The palliative for the long train
of moral disorders that lie In the
trail oi the fixed sentence. In Mr..
'icrry's opinion. is the indeterminate
sentence. In his address today be-
fore the American Prison Association
MIR. Berry 40 aserted. adding that II
would be better still for Judges sim
ply to sentence criminals TO imprison-
msnt and leave to another tribunal,
Inferenitaily the Board OF Parole.
the task OF determining how long the
sentences should he.
TO accomplish most successfully
the things desired in the enforcement
of the law. the in,letcrninate SEN
conceive TO be necessity" Mr..
berry said. First. because Judges
cannot fix intclliKcntly the amount
OF penalty "a law violator should pay:
second. because the penalty one man
should hav. TO pay for nn Offense
IN no criterion from which to Judge
what another man should pay for q
similar 0ffensc unless all the con-
ditions ar. the same: third. because
there are some pcrsons convicted nf
crime who should by reason OF the
nature Of the crime they committed
or III. impossibility OF reformation.
and for the good of society be tsolat-
I'd indefinitely and possibly for life -
THE average criminal is an un-
known man to III. grand jurors who
indicted him. to the county attor-
ncy who prosecuted him. TO the jur-
ors by who's. verdict he was found
guilty. and the Judge who pronounce
cd tn" sentence. As N rule the only
facts revealed by the trial nre those
connected with tn" commission Of
the particular offcnse with which h..
IL charged: no Judge however learn
ed. however Just. however hoscst. can
tell how long the average man should
be confined In order to accomplish
any one Of the objects OF the inflic-
tion Of the penalties Of the law NJ
stated above.
The man bcfor. the judge and
Jury is presumed To he innocent. II
entitled To that presumption until
h" has exhausted all the means pro.
vidcd by law to prevent his final con-
viction. No Judge when he pro-
nounccs sentence on the prcsioncr
has Ii right to demand Of the pris.
oncr that h" shall reveal himself and
his history. for tho reason that there
arc stcpe which may yet he taken
that many disclose ihs history and
thereby give evidence AGAINST him
-cif would he not only contrary to
Law hut n great Injustice. How can
the sentencing Judge know or gucss
whether three or thirty years Is what
the prisoner before him for sentence
should receive In order Ia accomplish
his reformation or deter him from
repeating or deter others from COM
mittinE crimc' How can tho scn-
fencing Judge know whether tho priv
on"r b~fcr" him is repeater nj n
firSt offender?
No man can determine how much
Puntshmcnt should he visited on hts
fellow man ns punishment for his Of
fcnsc. AZ said above. thcr. II pun
ishm"nt inflicted In the enforcing of
penalties to prevent repetition. to de-
ter others and become n wii,iER oh
server Of the law. Surh punishment
tnhercs In the .nforcoinT of these
PENALTIES for tho tronipiisimcnt Of
the other object. The Almighty alone
has n right to punish for pmnisiimcn,
sake.
The courts of the land should. nf-
Ter giving to nm nccusch man all rcas-
enable safeguards in the invcstign-
,ion Of the charge Of crime against
him. determine his guilt and then
scniencc him to Imprisonment with
ont limit as to time. und then leave
1, to another tribunal to determine
when he has been sufficiently nun
'shcd. when he has served long
enough to impress on others the SER
iousncss Of the offensc and operate
to deter others. when II will prohab
" h" safe to society to releuxc him.
to keep in custody indefinitely such
- hy their conduct have forfeited all
light to associate with their fellows
and such others as do not give salts
factory evidence of repentance and
reformation. The keeping of man
in custody for life Ia not necessarily
punishment. II IL the state protect
ing itself from the evil influence of
/ man vino has proven himself men
ace to. It. and in whom there is no