ural
that this should be so, for it fits in perfectly well with their
scheme of life. This is to them a sort of business career,
interrupted now and then only by occasional limited periods of
seclusion. Any device that shall shorten those periods is welcome
to them. As a matter of fact, we see in the State prisons that the
men most likely to shorten their time by good behavior, and to get
released on parole before the expiration of their sentence, are the
men who make crime their career. They accept this discipline as a
part of their lot in life, and it does not interfere with their
business any more than the occasional bankruptcy of a merchant
interferes with his pursuits.
It follows, therefore, that society is not likely to get security
for itself, and the criminal class is not likely to be reduced
essentially or reformed, without such a radical measure as the
indeterminate sentence, which, accompanied, of course, by scientific
treatment, would compel the convict to change his course of life, or
to stay perpetually in confinement.
Of course, the indeterminate sentence would radically change our
criminal jurisprudence and our statutory provisions in regard to
criminals. It goes without saying that it is opposed by the entire
criminal class, and by that very considerable portion of the
population which is dependent on or affiliated with the criminal
class, which seeks to evade the law and escape its penalties. It is
also opposed by a small portion of the legal profession which gets
its living out of the criminal class, and it is sure to meet the
objection of the sentimentalists who have peculiar notions about
depriving a man of his liberty, and it also has to overcome the
objections of many who are guided by precedents, and who think the
indeterminate sentence would be an infringement of the judicial
prerogative.
It is well to consider this latter a little further. Our criminal
code, artificial and indiscriminating as it is, is the growth of
ages and is the result of the notion that society ought to take
vengeance upon the criminal, at least that it ought to punish him,
and that the judge, the interpreter of the criminal law, was not
only the proper person to determine the guilt of the accused, by the
aid of the jury, but was the sole person to judge of the amount of
punishment he should receive for h
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