legislation, the question has been raised whether it should be
applied to prisoners on the first, second, or third conviction of a
penal offense. Legislation in regard to the parole system has also
considered whether a man should be considered in the criminal class
on his first conviction for a penal offense. Without entering upon
this question at length, I will suggest that the convict should, for
his own sake, have the indeterminate sentence applied to him upon
conviction of his first penal offense. He is much more likely to
reform then than he would be after he had had a term in the State
prison and was again convicted, and the chance of his reformation
would be lessened by each subsequent experience of this kind. The
great object of the indeterminate sentence, so far as the security
of society is concerned, is to diminish the number of the criminal
class, and this will be done when it is seen that the first felony a
man commits is likely to be his last, and that for a young criminal
contemplating this career there is in this direction
"no thoroughfare."
By his very first violation of the statute he walks into
confinement, to stay there until he has given up the purpose of such
a career.
In the limits of this paper I have been obliged to confine myself to
remarks upon the indeterminate sentence itself, without going into
the question of the proper organization of reformatory agencies to
be applied to the convict, and without consideration of the means of
testing the reformation of a man in any given case. I will only add
that the methods at Elmira have passed far beyond the experimental
stage in this matter.
The necessary effect of the adoption of the indeterminate sentence for
felonies is that every State prison and penitentiary must be a
reformatory. The convict goes into it for the term of a year at least
(since the criminal law, according to ancient precedent, might require
that, and because the discipline of the reformatory would require it as a
practical rule), and he stays there until, in the judgment of competent
authority, he is fit to be trusted at large.
If he is incapable of reform, he must stay there for his natural life. He
is a free agent. He can decide to lead an honest life and have his
liberty, or he can elect to work for the State all his life in criminal
confinement.
When I say that every State prison is to
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