The mirror. (Stillwater, Minn.) 1894-1925, 1914-04-09

stances of miscarriage, could not, [
think, be called unfair to the ac-
cused, but was certainly in want of
amendment for the purpose of in
suring the punishment of the gull
ty; and then the Judge, who had
probably meyer seen the accused be-
fore, who knew nothing of his gen.
eral character, except SO far as he
could Judge concerning it by what
was proven before him, passes SEN
tence upon him of Imprisonment for
the time which he thought would
fit within the period that he has
power to impose.
The Old WAY.
That was the method of the
straight sentence law and in out
line. was the means by which the
state seemed to think that it would
make criminals honest men, dimin-
ish temptation, and defend its citi-
zens from crime; for it presumably
was of opinion that. after having
been treated in this way for the
length of time for which the Judge
had sentenced him, the criminal
would regard his neighbours rights
when he returned to society.
Very different is. however, the
treatment of the criminal under the
Indeterminate Sentence Law"
enacted by those who have consid-
cred this matter scientifically. To
them it seems that criminality is
disease. capable. of cure in the great
er or less time with different indi-
vlduals.
This being the case they main
tain that it is impossible for the
judge properly to make diagnosis
of this disease, and to apportion the
time within which it may be cured
at the time of trial, so that his duty
should end when he has found the
criminal guilty or not guilty of the
crime laid to his charge. They
maintain that the criminal, if guilty,
should after the trial be made over
to the prison authorities, who should
keep him and train him, till they
consider him cured and in posi-
ton to take his place in society.
ons, instead of being institutions
where criminals live an entirely ar
tifcial life. should present to the
prisoner the same conditions of life
as those he meets with in society;
and that thus he may be cured of
the disease of criminality and be
taught to live life in accordance
with the condition of society.
Inderminate Method
The way which science and this
indeterminate law lays down for
dong this is--frst, to enforce USE
full work and to provide food and
other necessaries only for work
done; second, to put no restraints
upon association, as far as it Is pos
slble with due regard TO supervi-
sion; third, to test reliability by re-
posing confidence in those who
seem to merit it. Those officials in
this state in favor of such system
consider. and have found by actual
test in this institution, that thus the
criminal can best be cured of his
disease; and they have made it
rnle not to turn out prisoner un-
til employment has been found for
him by which he may have chance
of honestly supporting himself, and
they have had no difficulty in find
ing work for former criminals who
have been cured of criminality and
made skillful in their work.
This is the sum and substance of
the indeterminate sentence law, and
l think that if these teachings, by
actual test were followed out and the
law wisely administered, there
would be in time diminishing in
crime, for all the criminals would
be cured of the disease.
With respect to the tire eatment to
be carried out under the proposed
no maximum or minimum law"
it would be identical with that now
used under the present law with
but one exception. 1t would give
the parole officials greater latitude
of authority in retaining men. Is
that going to benefit the prisoner?
And still will it benefit society any
to have man returned physically
unfit for anything and menace to
himself? How is it to be determined
that a cure is effected unless it be
by judging the prisoners intense de-
sire to return to his friends and
prove to them he can still be man?
Or will 1t take outside and local in
fiuence to convince the officials that
a subject has been cured?
/ have given only an outline of