Former City Judge of Indianapolis.
[A paper read before the National Conference of Charities and
Correction, Memphis, Tenn., May 12, 1914.]
It is not my purpose to present a theory for dealing with the poor and
unfortunate who make up the daily toll of police duty, but the actual
working of a definite plan.
Probation has been defined as a judicial system, under which an
offender against penal law, instead of being imprisoned, is given
an opportunity to reform himself under supervision and subject to
conditions imposed by the court, to the end that if he makes good no
penalty will be imposed.
The enactment of a law by the legislature of Indiana in 1907, under
which courts may exercise the right to suspend sentence or withhold
judgment in the case of adults, made possible the application of the
probation system in the administration of justice in circuit and
criminal courts and courts having concurrent jurisdiction.
The probation method of dealing with minor offenders in our State was
an attempt to follow the spirit of the constitutional provision that
“the penal code shall be founded on the principles of reformation and
not of vindictive justice.”
The aim of the City Court of Indianapolis during my term of four
years was to administer justice tempered with humanity. The welfare
of unfortunates, and the saving of women and children from hunger and
want, was to the court a matter of greater moment than the piling up
of a vast amount of fines and costs. If the efficiency of the court
was to be determined by the number of dollars and cents, wrested from
offenders, then the constitutional provision above referred to should
be rewritten and the law of 1907 repealed. Such a step, however, would
be to turn back the dial of human progress one hundred years. So long
as the constitution and the laws of the State permit, the people will
demand that justice shall be administered upon human lines.
In order that the best possible results might be obtained both for
society and the individual, the probation system as established in the
City Court of Indianapolis contemplated the following:
_1. The suspended sentence._
The power to suspend sentence where the circumstances seemed to justify
has saved many novices in crime from undergoing the harsh punishment
that would otherwise be meted out to them, and that seems to be
contrary to the constitutional provision that “all penalties shall be
proportioned according to the nature of the offense.” As has been well
said: “The system under which a father and husband pleading guilty to a
charge of larceny, based upon the taking of a bundle of oats or a loaf
of bread, was sent up, was often sure to work brutal injustice. That it
continued as long as it did is a remarkable fact.”
During my term I suspended judgment in 700 cases and withheld judgment
in 7559. Of this latter class less than 3 per cent. were returned for a
second or subsequent offense.
While there is no provision under the law for the employment of paid
probation officers, adequate supervision in 575 cases was made possible
by good citizens, volunteering to serve in that capacity. These
probationers were required to furnish the court a monthly report signed
by the probation officer. Time will not permit the details of these
reports. Each tells its own story of heroic efforts toward right living.
_2. Paying fines on installments._
The payment of money fines on installments was a new department in the
administration of justice. The old method of collecting money fines
which compelled the defendant to pay or replevy the same the moment he
was fined was always a source of great hardship on the poor. It was
unreasonable to expect a common laborer arrested late at night, and
convicted in the morning, to be prepared to settle with the State. If
he was unable to pay or make arrangements to have his fine staid for
the statutory period, he was sent to prison, not because the court had
given him a term of imprisonment, but because he was poor, which is in
effect imprisonment for debt. The pitiable scenes of wives and mothers
and sobbing children crowding the corridors of the court, pleading for
the release of a husband or father, against whom a money fine had been
assessed and who was utterly without money to stay or pay the same,
was a powerful argument in favor of a plan that would relieve such a
deplorable situation.
The power to parole a misdemeanant carried with it the power to direct
him to pay into the probation department a dollar a week toward the
satisfaction of a fine and costs to be assessed against him when the
final payment was made.
Such a plan as this requires no legislative action and could be
introduced into any court where the judge has such powers as are
granted the courts of Indiana.
In city courts, defendants may be divided into three classes:--Those
who can pay the fines assessed against them; those who would pay
if they had a chance; and those who wouldn’t pay if they could and
couldn’t if they would. The middle class represents very largely
mechanics, clerks and laborers, in no sense criminals, but who for
some breach of the peace are brought into court and who are generally
of a deserving character. It is to this class that the work has been
directed. A money fine is their punishment, but instead of imprisoning
them, they were paroled with instructions to pay into the probation
department each week one dollar or as much as could be spared from
the family treasury, until the amount indicated by the court is paid
in full. During the four years that this plan was in operation these
probationers paid into the court $34,014.
Out of 3832 persons placed on probation to pay fines, 3220 paid their
fines and costs in full, while 102 were given credit for partial
payments and committed to serve out the balance. However, 205 were
unable to pay anything and were committed to the jail or workhouse. In
152 cases, the circumstances of the families were such that the court
felt justified in withholding judgment rather than committing the
defendants. Out of the entire number placed on probation, 143 did not
live up to their agreement with the court, and re-arrests were ordered
in each of those cases.
The plan operated to the benefit of the individual in several ways.
It saved him his employment; it saved his family from humiliation and
disgrace; better than all, it saved his self-respect.
_3. Drunkenness and the Pledge System._
No unfortunates appeal more strongly to the court than the victims
of the liquor habit. In all cases of first offenders charged with
being drunk, and where the defendant had others dependent upon him
for support, the court made it a condition on withholding judgment or
suspending the sentence that the defendant take the pledge for a period
varying from six months to one year. Three hundred and eighty-two
pledges were taken, all of which were kept faithfully but 27.
When the family or relatives could afford it, persons were sent to
institutions for treatment, and the records show but one failure.
Where the financial condition of the defendant was such that he could
not pay for the treatment, arrangements were made for the payment of
the money into the probation department in weekly installments, thus
assuring the defendant the benefit of the treatment and the institution
the satisfaction of its debt. With the assistance of W. H. Roll, a
volunteer probation officer, supervision was successfully provided
for 136 men charged with drunkenness who had reached the down-and-out
stage. Without friends or relatives, and in many instances unemployed,
these men were drifting into a condition where they would soon become
public charges. The reports furnished the court show that this timely
help and assistance was the means of saving these men to useful
citizenship.
In the severe cases, where the defendant was bordering on delirium
tremens, he was committed to the workhouse and the superintendent
informed of his condition. While there were no special arrangements
for the treatment of inebriates at the workhouse, the superintendent
successfully provided a separate department in the wing formerly used
as the woman’s prison. These cases were thoroughly examined by the
physician in charge, and such medical and special attention was given
to them as the circumstances seemed to justify. While these facilities
were inadequate, yet a splendid work was done among this class of
unfortunate and harmless offenders.
_4. Medical and Surgical Treatment._
It was not an infrequent experience for the court to find persons
charged with offences of a character that disclosed physical or mental
defects. Arrangements were always made for medical care and treatment.
In meeting the problem presented by such conditions the court had
the co-operation and assistance of the superintendent of the City
Hospital, as well as some of the best known physicians and surgeons of
Indianapolis.
_5. Imprisonment of Minors._
One of the most difficult problems that confronted the courts was the
disposition of minors, when the offense was so serious that the best
interests of society would be subserved by incarceration. Through an
arrangement with the superintendent of the workhouse, an unused wing
of the building was set apart for such offenders, and in this way they
were kept separate and apart from the old and hardened offender.
_6. Restitution._
The criminal code of Indiana is absolutely silent upon the question
of recovery for loss or damage to property and injuries to the person
growing out of criminal acts, except that in cases of malicious
trespass the court may fine a defendant a sum equal to twice the amount
of the property damaged. To fine a person double the value of the
property damaged and, because of his failure to pay the same, place the
additional burden on the citizen of supporting him in the workhouse or
jail seems in itself an absurdity.
As a part of the probation plan, the court required every person
charged with any offense involving the loss or damage to property
and injuries to the person to make full and complete restitution to
the injured party before the final disposition of the case. Upon a
proper showing that restitution has been made, the court was then in a
position to take such action as the other facts in the case justified.
Under this plan $7,166.83 in restitution money was recovered and paid
over to the proper parties.
_7. Separate Session for the Trial of Women._
To Amos W. Butler and Demarchus C. Brown, of the Board of State
Charities, was due the credit for the suggestion of a separate session
for the trial of women and girls. Acting upon this suggestion, the
court set apart Wednesday afternoon for the trial of such cases. To the
Local Council of Women was due the credit of putting the suggestion
into effect, by guaranteeing the expense of a woman probation officer
for the court. To make the separate trials of women and girls something
more than a perfunctory task an adequate system of investigating and
supervision was absolutely essential. Like all innovations connected
with matters pertaining to the work of the police, it was at first
looked upon as a fad, and predictions were freely made that the life
of the plan would be short because of the nature of the work and the
rapidity with which it must be discharged. But notwithstanding the
criticisms, it proved to be a sane and wholesome method of dealing with
the delinquent women of the city.
The legislature of 1911 enacted a law, providing for the appointment of
a court matron in cities of the first and second class, and this act
prescribed her duties as follows: “She shall, under the direction of
the judge of the city court, investigate and report to such judge upon
the past histories, conditions of living, character, morals and habits
of all women and girls awaiting trial in such city court and shall
have supervision of such women and girls while not in actual custody
until final disposition of the charges against them.” As a result of
this legislation a definite work is now being done throughout the State
in aiding and assisting a class of women, heretofore most shamefully
neglected.
The following report by Mrs. E. P. Hopkins, court matron, who has
charge of the investigation and supervision of women during my term,
tells its own story:
Total number of cases investigated 586
Judgment withheld 317
Fined 28
Committed to Women’s Prison and Jail 61
Dismissed 90
Discharged 26
Continued indefinitely 38
Judgment suspended 19
Sent to Grand Jury 6
Committed to House of Good Shepherd 1
Of this number, 69 were placed on probation under the supervision of
volunteer probation officers, and 72 were returned to their homes; 61
girls sent to the Faith Home were detained there until employment was
secured for them. The most important work, however, of this department
was the aid given to girls living in houses of prostitution. Through
the special work in this connection, 23 girls gave up their lives of
shame, and the reports show that they were all working and leading
better lives.
_8. Domestic Relations Session._
No more important problem was presented to the court than those cases
involving domestic relations. The need for a change in the method
of dealing stood, when one realizes the many things involved in the
imprisonment of the head of the family, especially when there are many
mouths to feed. In order to deal intelligently with these people and
to arrive at a just conclusion, Thursday afternoon was set apart for
their consideration. A thorough investigation was made by the court
matron of the conditions surrounding the man, his home, his employment
and his associates, and was presented to the court at this special
session, to the end that in the final disposition of the case the same
might be disposed of to the best interests of the family as well as the
individual. Since the establishment of this session and up to the close
of my term 440 cases were investigated, and were disposed of as follows:
Total number of cases investigated 440
Judgment withheld 155
Fines and costs 106
Workhouse and jail 34
Juvenile court 11
Dismissed 39
Discharged 27
Continued indefinitely 44
Grand Jury 6
Sentence suspended 18
_9. Employment._
Through the probation department, the court attempted to meet every
angle of the social problem as represented by the delinquents brought
before the court. To the need of employment could be traced many cases
of delinquency. To meet this condition, special efforts were made to
obtain employment for men. From a crude beginning, it developed into
a permanent plan, resulting in all of the larger employers of labor
looking to the probation department for their help. More than 600
persons secured employment in this way.
In the presentation of a subject like this one realizes that the
material side must always be at the forefront, but to one whose daily
life was spent in the very midst of these problems, and who viewed them
from every angle, there are many arguments that cannot be expressed in
facts and figures. The problems presented by 49,916 persons brought
into the court during my term were large and varied. To meet them was a
gigantic task, but the results have more than justified the effort.
Any innovation in the administration of justice is the subject for more
or less criticism, just and unjust. Did this work place additional
burden on the taxpayer? Emphatically, No! It reduced the number of
commitments to the jail and workhouse by more than 50 per cent. During
the first year of its operation there was a saving in the cost of
feeding prisoners in the county jail of $1,293 and in the maintenance
of the workhouse of $4,631. However, the results of a system of justice
are not to be measured by dollars and cents. Such a work aims at the
physical, mental and moral uplift of the individual rather than at
the cold satisfaction of the law. It aspires to restore the erring
to society as useful citizens and transforms our penal system into a
mighty influence for the uplifting of society.
The reports to the court showed that home conditions had improved; that
men had abstained from the use of intoxicating liquors; that employers
had been enlisted in taking a more friendly interest in employees; that
men had joined churches and in other ways added to a higher standard of
living.
This touch of humanity in the administration of justice in a criminal
court was not only a profitable investment so far as the public
was concerned, but better than all, it made possible the social
regeneration of thousands of men and women.