Evening star., 1950-12-06
By Crosby S. Noyes

THE VETERAN Federal judge looked
l. up from a paper that he had been
reading. -.
IT honestly think" he said. that this
thing represents the most powerful step
forward in the field of criminal justice
that has been taken since the founding
of this Republic
For Chief Judge Bolitha J. Laws Of
District Court, the step also represented
something Of personal triumph. Near
ly decade ago he was fighting hard for
the things written on the paper in his
hand.
It sometimes happens that forward
steps can be made without attracting
the attention they deserve. 1t is GER
tainly true that when Congress passed
the Youth Corrections Act in the final
rush of business last September, no great
fuss was made over it. In general, little
is known Of this legislation ito provide
system for the treatment and rehabill-
tation of youth offenders; to improve
the administration of criminal justice.
and for other purposes"
What does the new law do that adds
up to such milestone In American
Justice?
It is designed to correct major defect
in the system Of criminal punishment
administered by our Federal courts. The
defect has been the difficulty of pun
ishing" q youthful (not juvenile) Of
fender without turning him into a
hardened criminal. Instead of helping
the situation, we have been making real
criminals of youngsters who. properly
handled, would be salvageable.
The court statistics tell the story. Last
year, out of Is. 1868 persons committed to
Federal institutions, 4,896-more than 80
per cent-were under "a years old. In
the last three years, the proportion Of
youths under 81 to the whole number Of
persons arrested increased Is per cent.
The files Of the Justice Department
hold the clincher: OF the total number
of youngsters released from Federal in
stitutions, nearly 10 per cent Of them
get into trouble again later on.
Under the system we have been using,
when youngster stands up In court to
be sentenced for an offense the Judge
has two choices. He can let the boy go
assign him to probation officer who
probably has 100 similar cases on his
hands. Or he can order him committed
to a penitentiary. where the boy Is
thrown into contact with hardened, pro-
fessional criminals and clearly stands
slim chance of improvement or re-
adjustment.
If the Judge decides to commit him.
there is always the problem Of length of
sentence. James v. Bennett, director of
the Bureau of Prisons, has stated the
problem this way:
From the hundreds of cases Of this
type which have come across my desk.
have formed the conclusion that in the
task of correcting the offender the crucial
element is that of time. In the case
of each person confined, there comes
period when he has his best prospects Of
making good in the community. His re-
lease should occur at that time"
On these delicate questions our judges
have had to pass-in sentencing young
men whom they may have seen for only
80 seconds. They have been armed for
these decisions only with short reports
by probation officers obtained within a
week and described by Judge Laws as
totally incomplete and totally made
quate."
The new law has two main features.
First. it sets up the machinery for max
ing complete study Of the Individual
case to get at the cause of the youths
trouble and find the right way to treat
it. Secondly. it provides for remark
ably flexible new type Of institutional
treatment of young prisoners-one in
which the emphasis Is put squarely on
the business of rebuilding good citizen
rather than Furnishing bad one.
Administering the program at the top
Is team made up of the Attorney Gen.
0,,sr
Youth Corrections Division of a re-
vamped and enlarged Federal Parole
Board.
Here is what happens:
When any youngster between the ages
Of 18 and "a comes up for sentencing in
Federal court, the Judge, instead Of
fixing a sentence. can simply turn him
over to the custody of the Attorney
General.
The youth then is sent Immediately
to classification center where, under
the law, his case will receive q thor
ough going-ever by experts. The act
spells out the requirement for "a COM
plete study of each committed youth
offender, including mental and physi-
cal examination, to ascertain his personal
traits, his capabilities. pertinent circum-
CtdllCCo O1 IllS oCllOOls 4dulily l1C, ally
previous delinquency or criminal ex-
perience, and any mental or physical
defect or other factor contributing to
his delinquency" In most cases the
examination will be limited to 80 days.
On the basis of what the examination
turns up. the Director of Prisons then
decides what to do with his prisoner.
His choice is extraordinarily wide Look
ing over the new law the other day, Mr..
Bennett commented: "It looks like I
can send them anywhere from Alcatraz
to Princeton"
About all that the law specifies is that
the youngster must be put with other
boys in his own class of behavior and
insofar as practical completely segre-
gated from older. more hardened GRIM
inals. If he is dead-end kid who needs
tough treatment, he can be sent to an