Page:American Journal of Sociology Volume 9.djvu/356

 342 THE AMERICAN JOURNAL OF SOCIOLOGY

But all this system of protection is swept away from him in his trial before a state administrative board.

An administrative board is not properly constituted for judi- cial functions : it lacks the men of legal and judicial fitness, tem- per, position, and training.

Partisan politics might control the administrative board, and make the sentence " either merely nominal or substantially life imprisonment."

Conduct in prison is not a good criterion for release.

A gentleman in deportment may be the worst sort of a criminal. Many honest men are anything but gentlemen in conduct. Therefore it is not safe to fix the term of imprisonment by the way an offender carries himself after conviction. A good actor imprisoned would fare well. A. M. Cohen.

It is not fair or just to try and convict a man for an offense and to detain him in prison because his conduct there does not conform to certain standards set by an "authority." A. M. Cohen.

Obstacles to action of courts (urged in Illinois by some of the prosecuting attorneys, judges, and police):

I believe its abolition [the indeterminate sentence] would save the services of one judge in this building. It would enable the state to expedite its busi- ness materially, because it could provide for the disposition of cases by pris- oners pleading guilty, with the understanding they should receive a certain punishment. Now that cannot be done, and as a result every prisoner who comes up for trial makes a fight. A. C. Barnes, assistant state's attorney, Chicago.

To these criticisms Mr. E. A. Snively, of the Illinois Board of Pardons, replies : The board can know the life-history of crimi- nals more thoroughly than courts; that under its care young offenders have a better chance to reform and hardened offenders are held longer. 1

The police sometimes declare that dangerous criminals, after a fair trial and conviction on a long sentence, are let loose upon the community and give to the police unusual and unnecessary difficulty in the protection of order, life, and property.

When tested by matters of fact, the theoretical objections urged above are found to be valid in actual experience ; and instances are cited in which boards of pardons have released

1 Report of Illinois Association of State Officials, 1903, p. 52.