The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-07-23
The Pardon Criticism

THE penal code shall be founded on the
principles of reformation, and not of vindic-
tive justice.
This is the language Of the Constitution OF
the state Of Indiana. 1t is the basic law OF
the state. II sets the standard for the treat
ment of the crime problem Every law should,
unless the Constitution be discarded be light
ened by this beacon.
Every act Of Judges, Of jurics. and eSpe-
cially Of the Governor, in whom rests the
power of pardon and parole, should be guided
by this principle
Governor Leslie has invited, or at least re
oeved. wide criticism because he pardoned
two former IT. Wayne policemen, who entered
bank in broad daylight five years ago and
robbed if. The manner in which the crime
was committed can be explained only by
drunkenness or Grass stupidity The policemen
Were not stupid
The bankers Of the state demanded and
secured the enactment of law which pro
vides for definite punshments of from ten to
twenty-five years for robbng banks That is
the penalty applies when banks are robbed by
outsiders There was strange Indifference
when the same penalty was suggested for the
bankers who steal by embezzlement and pecu-
,ations
But in the light Of the Constitution, which
amands that the penal code be based upon
.-uciples of reformation, and not Of vindictive
Istice, what shall be said of the pardon of
men who have served five years behind bars
who indicate reformation of character, who
show little likelihood of again transgressng
the laws Of the states
If reformation be the purpose of the crimi-
nal law. as the Constitution declares it must be
in this state who shall say that the Governor
dence Of reformation?
What principle would hold these men for
FIVE more years. years that would probably in
capacitate them for usefulness, embitter them
until they emerged to become enemies and not
friends of orderly government?
Only vindictiveness, demand that those
who stumble into banks be held to satisfy the
vengeance of all bankers, would suggest that
the full term be paid, even though the official
whose judgment must be final on the question
of reform, be convinced that further impris
onment is not reformatory but probably cor
rupting.
There are valid reasons for criticism of the
pardon power. If any Governor shows such
lack of Judgment as to turn loose those who, in
all likelihood, will again indulge in crime,
hbits sentimentalism that ignores facts, he
should be checked.
If a Governor is susceptible to the sugges
tions of political advisers and turns loose those
who gain the ear and the attention of political
bosses, he should be impeached.
If a Governor uses his pardon power for
the purpose of gaining money from friends of
prisoners. either for himself or for favorites
he should be jailed.
But none of these three criticisms have been
made Of the cases which have caused the out
crv. The sole criticism is that the men were
turned loose before they had served the mini
mum sentence provided by law, and the law it
self violates the Constitution by its arbitrary
distinction between banks and other institu-
tons
The penal code shall be founded on the
principles of reformation and not of vindictive
Justice. SAYS the Constitution.
Perhaps the Constitution should be re-
written But until it is, the duty of every Off
eiaI. from policeman to Governor, is to reform
weaklings, not crush them.