New-York tribune., 1921-01-06
Harder Sentences
To the Editor Of The Tribune

To the Editor OF The Tribune.
Sir: NY experience as Commissioner
Of Correction in New York City and
my duties as q public official il the
State Of New Jersey have led ne TO
express the hope that the agitation
concerning the crime wave viii not
step short os achieving much needed
changes in law, in administration snd
In the viewpoint Of q considerable por-
ton Of the public, which appears to be
keeping stu just now There are sew
ersl fundamental defects which should
he remedrd at once ard for all time.
They are as follows:
: The whole present system unduly
favors the professional criminal and
works ont with grave injustice TO the
hrst offender. The professional knows
how TO work the newspapers, the Dis
triet Attorneys Office, the iuries, tbs
emotional reformer, the police and
most OF the wardens and superlntend-
ents OF our correctional institutions,
ell 20 his own interest q continuing q
life Of crime. Al the constitutional
and statutory safeguards against abuse
are utilized cleverly by him as shield
for his crime or for preventing the I'm
position o. proper punishment On the
other hand, the first offender and the
subnormal are frequently unjustly
treated, which has tendency 10 make
them into criminals
g. Our Constitution should be amend
ed so that man may be required to
testify at his aown trial and may not
be permitted to shield himself behind
the statement tina. he may incriminats
himself. The present provision in
herited from Anglo-Saxon traditions
did not contemplate professional crimi-
mails and criminal associates. ss Desn
Pound Of Harvard Law School. has 50
clearly pointed out. The popular no
ton that courts are engines OF oppres-
sion has created all sorts Of safeguards
ana has made the administration Of
our criminal law seem ridiculous, as
former President William H. Taft has
pointed out.
3. The law should recognize that
those who have the most experience in
handling the criminal are most likely
to know most about what should be
done with him. The criminal and his
friends have succeeded In planting in
the public mind the belief that police
men, prosecuting attorneys and correc-
tonal institutional officials are inter
estad only IN getting him in jail or in
keeping him in jail, when, as a matte,
OF fact, any experienced man knows
that at least one-half Of those released
from correctional institutions every
year should remain il the institution
FOR 4 considerable period. and some
Of them for the rest OF their lives;
but what are institution. officials to
DO when judges and p..Ae authori-
Il s release people from prison every
year without becoming sufficiently ia
miliar with ali the facts concerning
their institutional treatment, progres SIS
and also with the possibilities Of theis
making good upon parole? Institu-
tional officers must also bear their
share of blame where they do not have
the courage to hold man IN jail, where
they have the legal authority to DO so
when they know very well they arc re,
leasing him only to continue life oi
crime.
!. The courts, and large section OF
the public, have not treated highway
robbers, gunmen and burglars with
sufficient severity. l found II 70 b.
very unpopular in New York City K
insist upon long term o. imprison-
men. for burglars, hiahwaymen ane
gunmen. Parole Commissioner Katha
rine b. Davis and | were subjected
frequently to very severe criticism
and were said to b. "hard," be