Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-06-24
MANY FLAWS IN
IOWA PAROLE LAW
COUNTY ATTORNEYS TOLD LAW
DOES NOT WORK OUT
PROPERLY.
WENNER URGES RESORT
TO LAW SPARlNGLY
District Judges Frequently Blunder
In Granting Paroles Before Any
Part of Sentence is Served-Does
Not Advocate Repeal Of Law But
less Frequent Use.


role law for criminals may be a
wholesome law If not abused, accord
ing to e. J. Wenner, county attorney
of Black Hawk county, who spoke
upon the subject yesterday afternoon
before the state convention of coun-
ty attorneys. He cited more cases,
however, where the law worked poor
~ than where it worked well.
He expressed the conviction. after
years Of observation, that the parole
should be used very cautiously and
sparingly from the bench. In most
cases where the district judge, who
now has that discretion, paroles Il
prisoner before he serves any time at
ALL the defendants have not been inn
pressed seriously by the spirit of the
reform, according to Mr.. Wenner. He
cited numerous examples where, in
cases of parole from the bench, the
defendants have repeated their evil
deeds. He believes that in most cases
officers are too lenient with criminals.
As to commitments to training
schools the county attorney believes
the parole law works in wholesome
manner.
Under this law the term of service
in a penal institution is indetermin-
ate, presumably depending upon the
conduct and degree of reformat ton
evidenced by the defendant. The dis
cretionary power, hitherto inherent in
n tct,. tAf s,,lx 60,
Now the court must fix maximum
sentence and the time served is Who'll
ly up to the board of parole. In some
cases prisoners have served only
few months before being released I'M
der parole.
Old Way and the New.
1t may be thought that I advo-
cate the repeal of the parole law.
said Mr.. Wenner. Such is not the
case. However. I believe the parole
should not be resorted to as fire.
quently as It has been in the past.
know there are many people who
advocate the repeal Of this law, and
when one comes to analyze it, 1t is
why it should remain on; the statute
books. Before the passage of this
indeterminate sentence law, the
judge had the right to consider the
facts and fix the punishment ac-
cordingly. So far as I know but few
persons were given an unreasonable
sentence.
THE power of the governor to
commute sentences, to grant re-.
prieves or pardons. remainsN as be-
fore, and it has been my observation
that when governor is convinced
that defendant was wrongfully
convicted, pardon soon followed.
If the sentence was too severe the
governor used his authority in COM
muting 1t. All in all, there is much
reasoning to support the contention
of those who claim the parole and
indeterminate sentence laws were
not necessary, and have failed to
bring about results formerly claimed
for them by those advocating their
adoption"
A Recent Case cited.
Mr.. Wenner. in citing instances
where a parole from the bench has
been ineffective, recounted the fol-
lowing:
81 recall the case of man arrest
ed in December, 1918, for the larceny
of an automobile. He was appre-
hended in Illinois and returned for
trial. On account Of being a young
man, with q wife and two small
children, it seemed expedient to al
low him to plead guilty and take
parole under suspended sentence.
He received his final discharge Jan.
81, 1920. During the year of parole
he had done only fairly we'll. In May.
1920. he sent his wife and children
to visit his parents in Illinois, and
while they were away he went to an
other state in company with a IS
year-old girl of Waterloo. l brought
him back under wife desertion
charge. his parents furnishing the
necessary bond to bring about his re-
lease. He 10 again living with his
family, but have no notion how long
he will continue to do so. In my
opinion the man is thoroughly bad,
and hadfhe been sent to the peniten-
tiary for the theft of the automobile,
he would no doubt have been taught
lesson and might have made himself
useful citizen. AS it is. he appears
to have q notion he can do most any
thing and escape prosecution. He
feels his parents money will keep him
out Of the penitentiary, and he ap-
pears to have an open aversion to
living in strict accord with the estab-
lished usages Of society.
Another fragrant Case.
I'm January Of 1920 -- was ar
rested at Cedar Rapids, charged with
breaking into freight cars. While
confined in the city Jail, awaiting a
hearing, mail came to him. Among
it was letter. enclosing his final dis
charge as parolee. He had former
" been convicted of larceny and had
been paroled. His second arrest was
in the parole period, and the board of
parole. having no knowledge of 1t,
permitted the governors discharge to
be delivered while the defendant was
In jail on a more serious charge. Ger
tainly, it can noe be said that he had
been punished for the precious crime.
been punished for the previous crime.
parole, rather than operating as
deterrent to crime, resulted in the
exact opposite.
In a recent newspaper article it
was said that OF nine Chicago men
sentenced to be hung five were on
parole at the time Of their arrest.
This, In my opinion, is severe In
dictment of the efficacy of the pa
role"
Grinnell Drive Starts Next Week.
Des Moines, June 24.-Plans for a
statewide campaign for $4,000 to
he used for new buildings and equip