Evening star. [volume] (Washington, D.C.) 1854-1972, 1932-03-20

Penal institutions of the United
States are overcrowded to such an ap-
palling extent that the criminal iegis-
lation of the last year was largely
directed to getting people out Of jails
instead OF putting more. in, according
TO a survey made for the American
Bar Association. Probation and pa
role questions seem to have occupied
much of the time Of the State Legis-
latures.
The prison riots and attempted Jail
deliveries which have disgraced the
last two or three years of American
penal history have focused attention
on the congested condition of prisons
Sumptuary laws, Of which it is said
that they put people In prison for per-
Sonal habits, while demonstrably un-
enforceable. still result In packing peo-
pie into jail houses built only TO house
criminals. So great an influx of I'M
expected guests has pressed upon the
walls of the institutions that the in
mates have rebelled with frightful con-
sequences of rioting and disorder
against conditions to which they were
subjected
The effect Of this has been an effort
TO relieve the pressure. An effect of
liberaliZing parole and probation stat
utes, it is pointed out by criminolo-
gists, Is to let real criminals out of
Jail as well as those guilty only Of
transgressing sumptuary laws Moral
as well as technical criminals obtain
advantages under any relaxation.
The State Of Ohio has raised its pa
role boatd to a position of greater i'm
portance. From q body Of two MEM
bers, the Ohio board has been in
creased to four at salaries Of $4,000.
It Is regarded as significant that none
need be an attorney. Broad powers
Of clemency are vested in the body.
It shall act on recommendations Of
superintendent of penal institutions,
but may also proceed on its own initia-
tive and may carry on continuous in
vestigative work This body has wide
discretion. 1t can, for example, let a
| man out Of prison If In bad health.
Hawaii has an unpaid parole board
Maximum sentences under the law
| against any offense are mandatory.
The parole board then takes up the
| case and, in its discretion, fixes mini
mum term, later granting such paroles
! as 1t sees At. It will be remembered
| recent sensational assault case had
been paroled under such discretionary
power. --r- 800 80.
The Suspended Sentence.
Texas has found the cost OF keep
ing prisoners SO great, since prohibit
| ton has augmented the prison popula-
ton, that it has passed law giving q
| Judge authority, in connection with the
imposition Of a sentence, to. permit a
prisoner to remain at large and earn
money to pay his fine. Ordinarily, a
misdemeanant unable TO pay fine
imposed Is clapped into jail. This new
law leaves jail room for others and also
brings needed revenue into the State
Golfers
There is, in other States, this same
tendency to keep people out of jail on
the part of the Legislatures. The sus-
pended sentence seems to be coming
into increasing use. The law Of Ten
nessee has been amended, for exam
pie, to provide that a Judge may put
into effect q parole or suspended SEN
tence before the prisoner has even en-
tered a penal institution. Even felo-
MES are included In this discretionary
power and 1t extends to onenses pun
ishable up to five years. This includes
good many crimes and stops at the
source the cause Of prison congestion.
The judge retains jurisdiction over