Der Nordstern. [volume] (St. Cloud, Minn.) 1874-1931, 1922-11-30
THE NDETERMINATE SENTENCE Law"

THE UNDERGRADUATE LAW.
The legislature will soon convene, and probably the old
AGITATION will soon begin for the restoration Of the indeterm-
mate sentence law as it was first passed in 1911.
So that our readers may better understand what all the
excitement is about and why, we will briefly discuss the
present state Of the law.
Prior to 1911, the courts fixed a definite term Of punish
ment for all ~offenses. The Legislature has always, and does
still. fix a maximum punishment for attractions OF the public
law. but the courts could fix some definite time, either the
same or less than the legislature maximum, as they deemed
proper in each individual case.
AT the legislative session in 1911, a law was passed pro
viding that the courts must sentence all offenders to an
indeterminate sentence, being only limited by the maximum
fixed by the law. 81 49, JET .Hz ~":
This made it a matter for the board Of parole exclusively
to determine whether and when a prisoner should be released
before the expiration Of the legislative limit: q great deal
of dissatisfaction developed as the new method showed re-
su1ts. and in 1917, the legislature amended the law SO as to
give the courts the power, if they thought proper, to tx a
maximum time (notin conflict with the legislative maxlmum)
that the prisoner could be kept at the penal institution. 1t
did not make it compulsory on the court to tx a maximum;
the court could sentence indeterninate as before, and this IS
done at present In most cases.
But there are cases where the offender is well known
TO the court, and the court is able to understand what sen.
tence will in it's Judgment produce the best results, and It It
believes that the prisoner needs punishment only for his Of
tense, but is not one in need Of reformatory Treatment, It
may pass such sentence as will accomplish what is needed,
- It is foolish to claim that every person that transgresses
q law is morally sick so as to need a treatment. And It is
equally foolish to say that the only one that knows what IS
the proper treatment is the Board Of Parole or the Superln-
tendent of the Penal institution. Of course, there are many
cases where the defendant is in need Of refornaory. treat
ment. and when it cannot be told in advance how long such
treatment is needed to work a cure. In such cases the SEN
fence should be indeterminate. The situation is In many res
poets similar to injury or disease to the body. Nov, When 9
person breaks a finger or an arm or a leg, cannot the ORDINARY
doctor say how long it will take to effect q cure2 So It IS
with some persons who have vialoted q law, the judge, the
sheriff and the county attorney are entirely able TO diagnose
The case and determine how much punishment IS needed.
It is said by some that the courts do not know enough 70
fix punishment, and have not the time nor inclination to IN
veshgate, but such persons do not know anything about courts,
generally have never attended court, and do not knoWso al
the avenues and means by which the court obtains lnforIaa-
ton. And they also seem to overlook the fact that the prison
ers that go to the different institutions are notatreated py me
eminent penologist or criminalogist that is at the head but
only by his subordinates, who do not possess any greater ~
telligence than the court, and less opportunity for getting IL
formation.