Evening star., 1934-11-02

articles on the Districts c0mrdra-
tively neD intermediate sentence
an5 =@1 SS,S, tDhich hare been
subjected to crSicism in connec-
tscn ,rith the dnti-crime crusade.
The sec:=:s,. article ,DiH appear to-
norrotD.
Into Washington's widespread and
concerted anti-crime campaign con-
troversy Of major Importance has beer
injected as to the effectiveness OF tht
comparatively new parole, probation
and indeterminate sentence laws.
Suggestions have been made that
these laws are responsible for a sup
posed increase in criminal activity anc
should be repealed The leader Of thi.
school of thought is United State:
Attorney Leslie c. Garnett. whose
views on this subject already have
been challenged by Wilbur A. Ls
Roe, jr., a member of the Parole
Board.
In March Of this year DR.. Lorer
B. T. Johnson. nationally known
psychiatrist. resigned as a member oi
the board. describing it "a light tina,
failed"-failed because it was un-
able to secure a penny upon which
to operate. although in the first yeal
Of its existence it saved the taxpay.
ers more than $4,000.
This board was created by an act
of Congress in July, 1882, and startec
to function in the fall of that veal
with high ideals. 1t contemplated
striking at the very roots of the rela.
ton between society and the GRIM
inal-to relate punishment to the in.
dividual rather than the crime, te
forestall injustice and to reform 9
system which might be turning out
naturally enough. men whose only de.
sire was for revenge against society
which had mistreated them.
Provisions for Members.
The act creating the board pro.
vided specifically for the appointment
by the Commissioners of three mem.
bers. who would serve without com.
pensation. The present members are
William w. Bride. former corporation
counsel of the District; Dr. Emmett
J. Scott of Howard University and
La Roe.
Duties Of the board, as defined in the
act, are: ITO examine into the physical
mental and moral records of the
prisoners committed to the penal in.
stitutions of the District; receive re.
ports Of wardens and other officials
including the psychiatrist; recommenc
TN inh svS
is most conducive to the prisoners
reformation: and provide for a system
Of determining the proper time OF re-
lease and the rehabilitation of the ex-
prisoner in the community
The act also changed materially the
old sentence and parole laws Of thu
District by providing for an inde-
the existing Federal laws, definitely
fixed the sentence.
Release Terms.
'In imposing sentence on a person
convicted in the District of Columbia
of felony" says section 453 of the
act, 1.-The justice or judge Of the court
imposing such sentence shall sentence
the person for maximum period fixed
not exceeding the maximum fixed BY
law, and for minimum period fixec
by law, and any person so convicted
and sentenced may be released or
parole as herein provided at any time
after having served the minimum
sentence"
With respect to parole, the act says
Whenever. within the limitation oi
section 453 Of this title, it shall appear
to the Board of Indeterminate Sem
tence and Parole. from the reports OF
the prisoners work and conduct, which
may be received in accordance with
the rules and regulations prescribed
and from the study and examination
made by the board itself, that any
prisoner serving an indeterminate SEN
tence Is fitted by his training for re-
lease, that there is reasonable prob
ability that such a prisoner will live
and remain at liberty without violating
the law, and in the opinion of the
board such release is not incompatible
with the welfare of society. said Board
of Indeterminate Sentence and Parole
may, in its discretion, authorize the
release of such prisoner on parole, and
he shall be allowed to 60 on parole
outside of said prison, and in the dis
cretion of the board to return to his
home upon such terms and conditions
including personal reports from said
paroled prisoner. as said Board OF
Indeterminate Sentence and Parole
shall prescribe. and to remain. while
on parole, in the legal custody and
under the control of the Superintend-
ent Of the institution from which the
prisoner may have been paroled until
the expiration Of the maximum Of the
term or terms specified in his sentence
less such good time allowance as Is. or
may hereafter be. provided by law,
and the said board shall in every
parole fix the limits of the residence
of such person paroled, which limits,
however, may be thereafter changed
in the discretion Of the board"
Unlike the Federal laws, which fixes
the sentence by statute, the judge
in the District cannot control the
length of the sentence.
Must Serve Third Of Term.
For instance, under the Federal
law, q man sentenced to prison for
10 years, is not eligible for parole
until he has served one-third of the
term which. in this case. would
be 3Hs years.
In the District, however, the mimi