The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1914-04-03

case In 1SIz where young man in
New York committed suicide while
under the charge Of having violated
and then murdered a girl or twelve.
There was little doubt or his guilt.
On examining his record, 1t was
found that he had been a few years
before convicted of the violation of a
girl OF fourteen, committed to a
reformatory, and released on parole
after a brief Imprisonment. Id the
report of the Indeterminate Sentence
Commission Is given an instance of
the parole OF murderer. In the New
York Times OF February 4, 1914, the
criminal career or a paroled burglar
is described. In Al National Corpor-
alton Reporter 1t will be found that a
twice paroled highwayman and would
be murderer was shot III resisting
arrest for robbery committed ii
Chicago.
No opportunity should be given for
these things to occur in Maryland.
Such serious crimes do not admit or
the bestoHal or conditional pardon.
2. The release OF the prisoner Be
fore the expiration of the term impos-
ed by the court depends upon the
judgment, the will, or the caprice OF
the Advisory Board OF Parole. As
Governor Baldwin remarks: TO be
sent to prison there to remain during
! the pleasure of any man, or set of
men, hardly COMFORTS with the spirit
or modern government" The decis-
ion OF this Board is made privately,
and it's action is not subject to
any review. A prisoner has NO re
dress, il Disseminated against. Cant
and Hypocrisy, and simulated reform
and industry, and abject subserviency
to warden and guards in the hope OF
their favorable report, will be the rule.
The uncertainty of pardon, with the
conviction that others less deserving
are obtaining it, will unsettle the
minds Of the convicts, foment discon-
tent, and have a bad effect uDon ais-
cipline.
Y Moreover who shall read the hearts
Of men? How can the Board deter
mine when a man has reformed when
he has no opportunity, no incentive to
evil? The only opportunities in pris-
on to determine a change in moral
character are In relation to the prison
routine and discipline. TO Judge men
/ by their actions they must be Iree.
AS is well known, expressions OF
regret and repentance on the part of
the offender deserve but little atten-
ton, and the good conduct OF a pris-
oner in his cell by no means warrants
/ the belief that when set at liberty, he
will not resume his former ways
Garofalo, in Criminology.
| It is not astonishing that the results
Of the indeterminate sentence nave
not measured up to the claims OF its
advocates. Garofalo asserts that of
those released from the Elmira Re-
formatory 20 per cent, commit a Sec
ond offense within six months follow
ing their release or parole. The
Prison Association of New York con
Quoted an examination of the after
lives Of the men released on parole
from Elmira Reformatory during the
year 1904 to the Prison Association as
parole agent. The research showed
that forty per centum had by 1910
found their way back behind the bars.
3. Another powerful argument
against the adoption OF this bill Is
that at least go per cent OF the Grim
inal population of Maryland is color
ed while less than 20 per cent. OF the
whole population of the State are of
that race. AS stated in the Report of
the Indeterminate Sentence Commits
sion in 1908:
For many reasons, which need not
be stated here, we believe thai our
negro criminal population would be
as whole entirely unsuited to the
indeterminate sentence system"
A. The sociological effect Of this
law would be to increase the current
Of dissatisfaction with the administra-
ton Of the criminal law and punish
ment of the offender. 1t would be a
sad commentary upon public morals.
IL the people did not look upon arson,
murder, theft and burglary and crime
generally with horror and reproba-
ton. The public demand for the
punishment of the criminal is a mani
festation Of sure instinct and of a
healthy state OF morals. THE first
requirement Of sound body OF law
is that it should correspond with the
actual feelings and demands Of the
community, whether right or wrong.
IL people would crafty the passion
Of revenge outside OF the law, IL the
law did not help them, the law has no
choice but to satisfy this craving it.
self, and thus avoid the greater evil
OF private retribution." Justice
Holmes in the Common Law.
1t will not be found popular with
the people of this State to introduce
another element of uncertainty as to
whether or not criminal will suffer
fitting punishment for his crime
The protection OF society through the
deterrent force of certain detection,
swift trial and definite punishment is
more important than the reformation
OF the prisoner. The first is primary,
and the second, Is subsidiary.
It is regrettable that there was not
unanimity of conclusion. Dissent,
however, may serve useful purpose,
If it shall aid in the consideration Of
the vital matter now before the Gen
eral Assembly Of Maryland.