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 ✓ Some Reflections on Penological Law Reforms.

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sense and keen appreciation of the ridiculous crimes punishable by imprisonment for life, in the law as well as social status of his time, or in case the criminal is a child under fifteen years, and gives direction to judge for a gen did much to open the eyes of stolid, indiffer ent Englishmen to a sense of needed reforms eral sentence, and then gives power to the "Board of Control " to terminate this sen in these directions. But here real, palpable abuses existed. It tence at pleasure, except that the minimum seemed to Dickens sheer nonsense to allow time provided by law in such case must be a law to stand in force which gave power to served. Section 2 simply provides for furnishing a creditor to say to his debtor " Go to jail and stay there until you pay me what you records to warden, and pay for the clerk. Section 3 provides for the parole of pris owe me." Thus taking from the debtor, in most cases at least, the only power he could oners under such sentence by said " Board of use to raise money to pay the debt, the thing Control," and gives full power to the Board to order the re-arrest and imprisonment of most desired by the creditor. But here, as in other cases, a real abuse any prisoner thus under parole, making the existed, an absurdity inconsistent with the written order of said Board, by its clerk, suf ficient warrant for any officer named to arrest logic and dignity of English penal law. Following the course of events through such prisoner. some years, we find in this country the Section 4 provides for a classification of beginning of reforms in the administrative such prisoners into different grades, with law far more important and aggressive. promotion or degradation of such prisoners Prison Reform Conventions made up of the according to merit Section 5 provides for the re-arrest and executive officials of the great penal and reformatory institutions of this country are readjustment of the sentence. The Supreme Court of Michigan, in the held from time to time, and as a result we have the Indeterminate Sentence Scheme. case of People v. Cummings, now say that A large number of the States now have such the provisions of this act are in derogation a law upon their statute books. of the constitution of the State, and there In 1889 the Legislature of Michigan fore void. The Legislature has attempted passed an act styled " An act to provide for to clothe the " Board of Control " of the State indeterminate sentences, and disposition, institution with judicial power contrary to management, and release of criminals under the provisions of the Constitution of the sentence." 1 State, which vests the judicial powers in The prison " Board of Control " is given certain courts therein named. full authority to parole and order the re-ar Mr. Justice Grant, who is the moralist of rest of prisoners violating their parole, and the court, dissents to the opinion of his virtually power to readjust the sentence of brethren upon principles of moral necessity the court. In formulating the act, the Inde or economy. terminate Sentence Law of New York State The pardoning power is, by the 5th article was largely consulted. It may be well to give of section eleven of the State Constitu a brief summary of the different sections of tion, vested in the governor. If it be con this Michigan Act, because of the recent sidered that the only power conferred by holding of the Supreme Court thereon. the act is a conditional release on parole, if Section i provides for the sentence of the prisoner keeps his parole, or rather if certain persons guilty of crimes punishable the Board of Control are of the opinion that by imprisonment in the penal and reforma he does, the release is in fact an absolute tory institutions of the State, except for one. Mr. Justice Morse, giving the opinion of the court, says : " By what refinement of > Act No. 228, Pub. Acts, 1889.