chinery of
temptation and indulgence.

It happens, therefore, that there is great sympathy with the career of
the lawbreakers, many people are hanging on them for support, and among
them the so-called criminal lawyers. Any legislation likely to interfere
seriously with the occupation of the criminal class or with its increase
is certain to meet with the opposition of a large body of voters. With
this active opposition of those interested, and the astonishing
indifference of the general public, it is easy to see why so little is
done to relieve us of this intolerable burden. The fact is, we go on
increasing our expenses for police, for criminal procedure, for jails and
prisons, and we go on increasing the criminal class and those affiliated
with it.

And what do we gain by our present method? We do not gain the protection
of society, and we do not gain the reformation of the criminal. These two
statements do not admit of contradiction. Even those who cling to the
antiquated notion that the business of society is to punish the offender
must confess that in this game society is getting the worst of it.
Society suffers all the time, and the professional criminal goes on with
his occupation, interrupted only by periods of seclusion, during which he
is comfortably housed and fed. The punishment he most fears is being
compelled to relinquish his criminal career. The object of punishment for
violation of statute law is not vengeance, it is not to inflict injury
for injury. Only a few persons now hold to that. They say now that if it
does little good to the offender, it is deterrent as to others. Now, is
our present system deterrent? The statute law, no doubt, prevents many
persons from committing crime, but our method of administering it
certainly does not lessen the criminal class, and it does not adequately
protect society. Is it not time we tried, radically, a scientific, a
disciplinary, a really humanitarian method?

The proposed method is the indeterminate sentence. This strikes directly
at the criminal class. It puts that class beyond the power of continuing
its depredations upon society. It is truly deterrent, because it is a
notification to any one intending to enter upon that method of living
that his career ends with his first felony. As to the general effects of
the indeterminate sentence, I will repeat here what I recently wrote for
the Yale Law Journal:

It is unnecessary to say in a law journal that the ind