released before the expiration of his sentence.
The parole system in the United States was an attempt
to carry out the same experiment, and with it went
along the practice which enabled the prisoner to shorten
the time of his confinement by good behavior.
In some of the States reformatories have been established
to which convicts have been sent under a sort of
sliding sentence; that is, with the privilege given
to the authorities of the reformatory to retain the
offender to the full statutory term for which he
might have been sentenced to State prison, unless
he had evidently reformed before the expiration
of that period. That is to say, if a penal offense
entitled the judge to sentence the prisoner for
any period from two to fifteen years, he could
be kept in the reformatory at the discretion of
the authorities for the full statutory term. It
is from this law that the public notion of an indeterminate
sentence is derived. It is, in fact, determinate,
because the statute prescribes its limit.
The introduction of the ticket-of-leave and the parole systems, and the earning of time by good behavior were philanthropic suggestions and promising experiments which have not been justified by the results. It is not necessary at this time to argue that no human discretion is adequate to mete out just punishment for crimes; and it has come to be admitted generally, by men enlightened on this subject, that the real basis for dealing with the criminal rests, firstly, upon the right of society to secure itself against the attacks of the vicious, and secondly, upon the duty imposed upon society, to reform the criminal if that is possible. It is patent to the most superficial observation that our present method does not protect society, and does not lessen the number of the criminal class, either by deterrent methods or by reformatory processes, except in a very limited way.
Our present method is neither economic nor scientific nor philanthropic. If we consider the well-defined criminal class alone, it can be said that our taxes and expenses for police and the whole criminal court machinery, for dealing with those who are apprehended, and watching those who are preying upon society, yearly increase, while all private citizens in their own houses or in the streets live inconstant terror of the depredations of this class. Considered from the scientific point of view, our method is absolutely crude, and but little advance upon mediaeval conditions; and while it has its sentimental aspects, it is not real philanthropy, because comparatively few of the criminal class are permanently rescued.
The indeterminate sentence has two distinct objects: one is the absolute protection of society from the outlaws whose only business in life is to prey upon society; and the second is the placing of these offenders in a position where they can be kept long enough for scientific treatment as decadent human beings, in the belief that their