eterminate
sentence is a measure as yet untried. The phrase has passed into
current speech, and a considerable portion of the public is under
the impression that an experiment of the indeterminate sentence is
actually being made. It is, however, still a theory, not adopted in
any legislation or in practice anywhere in the world.

The misconception in regard to this has arisen from the fact that
under certain regulations paroles are granted before the expiration
of the statutory sentence.

An indeterminate sentence is a commitment to prison without any
limit. It is exactly such a commitment as the court makes to an
asylum of a man who is proved to be insane, and it is paralleled by
the practice of sending a sick man to the hospital until he is
cured.

The introduction of the indeterminate sentence into our criminal
procedure would be a radical change in our criminal legislation and
practice. The original conception was that the offender against the
law should be punished, and that the punishment should be made to
fit the crime, an 'opera bouffe' conception which has been abandoned
in reasoning though not in practice. Under this conception the
criminal code was arbitrarily constructed, so much punishment being
set down opposite each criminal offense, without the least regard to
the actual guilt of the man as an individual sinner.

Within the present century considerable advance has been made in
regard to prison reform, especially with reference to the sanitary
condition of places of confinement. And besides this, efforts of
various kinds have been made with regard to the treatment of
convicts, which show that the idea was gaining ground that criminals
should be treated as individuals. The application of the English
ticket-of-leave system was one of these efforts; it was based upon
the notion that, if any criminal showed sufficient evidence of a
wish to lead a different life, he should be conditionally 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 gi