The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-01-24

mission suggestions almost ar
administration legislation and,
in the light Of his expressed
views on penology, the legis-
lation will include one idea
which did not find favor with
the commission.
That is the central sentencing,
clemency end parole court
All Of the Governors ideas on
penology. aside from the practical
means of .-emedying existing evils,
can be boiled into the theory Of
fitting the punishment to the
criminal instead of fitting the
punishment to the crime"
Purpose One of Reformation
The Governor has pointed out
that since the criminal is socially
maladiusted individual the purpose
Of society is one of reformation.
But" he argues, the words
punishment and reform smack
Of a theological age which has
passed. Consequently, it has been
necessary to adopt terms which are
consistent with a scientific cOncep-
ton Of crime and the criminal, such
as re-education or readjustment.
The courts and the penal system
should try TO re-educate a person
who. through some unfortunate ex-
perience. has failed to realize the
mutual relations in society or who
is psychologically incapable of max
ing a normal adjustment" he said.
DiIIinger Case Cited
One of the things which hampers
treatment OF the convicted offender
most is the haphazard method Of
sentencing ne points out. and cites
the notorious John Dillinger case.
Dillinger's associate in the crime
which sent him to prison for the
first time had served a previous SEN
tence, but the associate received a
rather mild indeterminate sentence,
while Dillinger was given a lotto
21-year sentence.
There is no question whatever"
the Governor significantly points out,
that this obvious injustice had
much to do with the bitterness
which Dillinger developed and
which made of him for time the
No. Public Enemy. A mistake by
a court probably made Dillinger
what he was"
There is no consistent policy now
on the part of the courts for sem
fencing offenders with similar re-
cords and offenses. This readily
can be established By a study of
records at the Indiana State prison
and the Indiana Reformatory, where
approximately 60 per cent of the in
mates are recidivists, or repeaterS.
Scientific Touch Nodded
present day penologists recognize
the need for differential sentences
for the same offense," the Governor
has declared. but they believe that
the personality traits of the crimi-
nal should have more weight in de-
terminating his sentence than the
specific offense for which he is con-
victed."
A scientific determination of sem
tence should be achieved through
a state sentencing, clemency and
parole court, the Governor has de-
clared. Such a court, he believes
effectively could coordinate the
work of the courts and penal in
Stitutions.
The Governors advisory COM
mission of seven penal experts, in
GLIDING Warden Lewis E. Lawes, OF
Sing Sing, inspected Indiana penal
institutions last summer at the Gov
errors invitation.
Experts Urged Trial
The penal experts recommended
such a central court and suggested
that its personnel could be COM
prised of one member of the state
Supreme Court, representing the jul
dietary; the directors of the divi-
sions of classification. education and
training and of probation. pardon
and parole of the public welfare de-
partment.
In addition. in considering recon-
mendationS from the classification
center, the center superintendent
could be a member of the court, and
the superintendent of the institution
wherein an inmate might be con-
fined could be an ex-officio member
Of the court in passing on paroles
Thus, such a court would have
the continuous services of pSychia-
trists. psychologists. social workers
and vocational advisors. This tech
meal staff would study the man, as
semble their information and pre-
sent it to the judge with a recon-
mendation for preliminary sentence
No definite sentences would be
given. The man might be given a
minimum sentence Of one year with
the understanding that he would
come up for parole hearing at the
end of that time. During the year
further study of the man could be
made and careful records of his de-
velopment in the institution pre-
Dared. Thus. there would be avail