THE PUNISHMENT TO FIT THE OFFENDER.

Samuel J. Barrows Gives Reasons For

Favoring the Indeterminate Sentence

For Convicted Criminals.

Times and conditions have changed since Dickens and Charles Reade aroused

the English-speaking world by revealing the inhuman abuses of the English

prison system. To-day humane treatment is taken as a matter of course. The

chief aim of the modern criminologist is not to punish the criminal but

to cure him; and in curing him the first agency is fair treatment.

Therefore is urged the necessity of making the penalty more nearly fit the

crime.

According to Samuel J. Barrows, president of the International Prison

Congress, "it is still more difficult to make the penalty fit the

offender." In a recent article in the _Outlook_, he enters a plea for

safeguarding the "indeterminate sentence" for convicted criminals. The

best criminal code, he says, is an arbitrary instrument, and it is

impossible, on any principle, so to construct one that the penalty and

crime are commensurate. After making this assertion, he continues:

No legislator can show why the theft of twenty-five dollars

should be punishable with one year's imprisonment, and the

theft of twenty-six dollars with five years' imprisonment.

Nor is the difficulty removed by empowering the judge to use

his discretion in imposing sentence within certain limits of

minimum and maximum. A judge would find it hard to tell why

he sentenced one boy five years for stealing a dollar and

another boy one year for stealing two hundred dollars, or

another judge why he sent one boy to prison for a year, and

another, a first offender, to sixteen years for the same

offense. A study of codes on one hand and of sentences on

another reveals an amazing amount of contradiction and

confusion, not to say rank injustice, in the application of

penalties. For this inequality and injustice the

indeterminate sentence furnishes the necessary relief.

Instead of making the code-maker or the judge decide when a

man shall come out of prison, it puts the main

responsibility of deciding that question upon the prisoner

himself.

The Scrap Book, Volume 1, No. 3 May 1906 · 第 11 / 146 题