f justice, and the height of cruelty to an
individual criminal to put him in prison without limit unless all
the opportunities were afforded him for changing his habits
radically. It may be said in passing that the indeterminate
sentence would be in itself to any man a great stimulus to reform,
because his reformation would be the only means of his terminating
that sentence. At the same time a man left to himself, even in the
best ordered of our State prisons which is not a reformatory, would
be scarcely likely to make much improvement.
I have not space in this article to consider the character of the
reformatory; that subject is fortunately engaging the attention of
scientific people as one of the most interesting of our modern
problems. To take a decadent human being, a wreck physically and
morally, and try to make a man of him, that is an attempt worthy of
a people who claim to be civilized. An illustration of what can be
done in this direction is furnished by the Elmira Reformatory, where
the experiment is being made with most encouraging results, which,
of course, would be still better if the indeterminate sentence were
brought to its aid.
When the indeterminate sentence has been spoken of with a view to
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
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