hough 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 given to the authorities of the reformatory to retain the
offender to the full statutory term for which he might have been
sentenced to State prison, unless he had evidently reformed before
the expiration of that period. That is to say, if a penal offense
entitled the judge to sentence the prisoner for any period from two
to fifteen years, he could be kept in the reformatory at the
discretion of the authorities for the full statutory term. It is
from this law that the public notion of an indeterminate sentence is
derived. It is, in fact, determinate, because the statute
prescribes its limit.

The introduction of the ticket-of-leave and the parole systems, and
the earning of time by good behavior were philanthropic suggestions
and promising experiments which have not been justified by the
results. It is not necessary at this time to argue that no human
discretion is adequate to mete out just punishment for crimes; and
it has come to be admitted generally, by men enlightened on this
subject, that the real basis for dealing with the criminal rests,
firstly, upon the right of society to secure itself against t