Evening star., 1946-06-26

SnIeI JUSTICE LOWS
Promises Action If
Mistakes Revealed
District Court jurists had been
studying sentences meted out In
gambling cases here for some time
before the Washington Criminal
Justice Association criticized the
judiciary for passing comparatively
light gaming sentences, it was
learned today. The criticism was
contained in a report published
Sunday.
A special committee, comprising
Chief Justice Bolitha j. Laws and
Justices Henry A. Schweinhaut and
Alexander Holtzoff, who are the
judges designated by the court to
preside over criminal cases this fall,
has been giving attention to this
matter and has set up a program
to study sentences scientifically this
summer
Chief Justice Laws said today that
he Is mot able to say at the moment
that the court has made mistakes in
sentences, but If this is shown to be
true, steps will be taken to correct
them"
Narcotics Cases Studied.
The jurists has already given
concentrated study" to sentencing
In narcotics cases, Chief Justice
Laws said. To obtain a clear pic
tura, he pointed out, parole time
here must be compared with that
IN other Federal courts and also
sentences here must be compared
with those in other Federal juris-
dictions.
Previously, comparisons have been
made in the press and before Con-
gress OF sentences imposed in mar
cotics cases in the District with
those In other Federal Jurisdictions
and 1t has been announced sentences
here appear lighter than those else
where, the jurist said.
However, such comparisons are
misleading, he explained. Minimum
sentence time here cannot justly be
compared with maximum sentence
time elsewhere, he insisted.
Peculiar Sentencing Law.
In the District, there is an indie
terminate sentence plan, authorized
by Congress, which does not exist in
other Federal courts, the jurist ex-
planned. Under this plan, the SEN
fencing judge is required to impose
a minimum sentence, representing
the time when the prisoner becomes
eligible for parole, but also maxi
mum sentence which, in reality, is
the real sentence of the court, be-
cause the prisoner is still under Off
cial custody of the authorities.
In other Federal Jurisdictions, the
minimum sentence, or the time
when the prisoner becomes eligible
for parole, is fixed by law at one
third of the top sentence imposed
by the court.
Court officials here maintain that
if a comparison is to be made be-
tween a minimum sentence given in
District Court here, the minimum
in the other Jurisdictions should be
used as basis of comparison.
Authorities said the comparison
Is still more misleading because the
District plan permits judges to fol-
low the trend in modern penology
of giving to the parole board more
elbow room" by imposing a low
minireum and a high maximum
The parole board, with the aid of
experts, such as psychiatrists, psy-
biologists, penologists and others,
has more time than judge has at
his disposal, in studying the indi-
vidual prisoner, officials said.
Applicable in Drug Cases.
Chief Justice Laws said this is
particularly true in narcotics cases,
because authorities recognize it may
take 2ne addict longer to be cured
than another. Accordingly, the pa
role board, acting on the advice of
physicians in penitentiaries, can bet
ter judge the real cure than can the
jurist imposing sentence.
Because public attention has been
concentrated on sentencing by the
Washington Criminal Justice As
sociation's recent report, the study
Of sentencing generally will be ac-
centuated, Chief Justice Laws indi-
Gated.
Chief Justice Laws has prepared
statistics of sentences in narcotic
cases for the information of the
court, and these have been studied
by the special committee of jurists.
General Rules Difficult.
The chief justice pointed out,
however, it is difficult to lay down
general rules for sentencing. Con-
gress realized this by passing the
Indeterminate Sentence Act. Chief
Justice Laws said number of fac
tors must be taken into considera-
ton when a judge imposes sent
ences. He is guided by the report
from the probation officer, who
gives the accused's background as
we'll as any previous sentences the
man has received.
Often in gambling cases, the man
awaiting sentence is a first offender,
and in these cases probation is
usually given. Many of those ac-
cused of gambling are small fry"
brought into District Court, the
large operators being across the
District line, out of the reach of
the District authorities, officials
here said today.
Patients to Be x-Royed
All patients admitted to the Wash
ington Sanitarium, Takoma Park,