Lindsey, Edward

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Northwestern University Illinois, School of Law: Scholarly Commons

Journal of Criminal Law and CriminologyVolume 6 | Issue 6 Article 21916Indeterminate Sentence Release on Parole andPardonEdward LindseyFollow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclcPart of the Criminal Law Commons, Criminology Commons, and the Criminology and CriminalJustice CommonsThis Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted forinclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons.Recommended CitationEdward Lindsey, Indeterminate Sentence Release on Parole and Pardon, 6 J. Am. Inst. Crim. L. & Criminology 807 (May 1915 toMarch 1916)INDETERMINATE SENTENCE, RELEASE ONPAROLE AND PARDONREPORT OF COMMITTEE "F" OF THE INSTITUTE'EDWARD LINDSEY, CHARMAN.With a comparatively brief period of rits labors since the lastmeeting of the Institute the Committee at this tiffe aims simply topresent a review of the changes in legislation relating to indeterminatesentence and release on parole and the extension of one or both ofthese systems in states not heretofore having adopted them.The Committee suffered grievous loss in the deaths last winterof two of its members: Prof. Charles R. Henderson, of Chicago, andRev. Samuel G. Smith, of St. Paul; both intensely interested in thesubjects comprising the Committee's field of work and both engaged'in investigations with respect to the results of indeterminate sentenceand parole in actual operation which, could they have been pursuedwould have furnished valuable material for the Committee's report.There are still a considerable number of states which have notadopted the so-called indeterminate sentence. In some, as in Alabama,it is under consideration with some prospect of adoption. In others,as reported to us from Louisiana for instance, public opinion seemsto be against it. In many of the latter, however, the system of release6n parole has been put into effect, as it has in Louisiana by Act of 1914,noted in the'Committee's report for last year.In the state of Florida, while there has been no legislation on thesubject, the Board of Pardons has adopted the practice of recommend-ing conditional pardons revocable for violation of the conditions. Thereis no statute specifically authorizing a conditional pardon, but the Su-preme'Court of the state has upheld the right of the Pardon Boardunder its constititional authority to include iht a pardon aiy conditionthat it may see fit. During the two years from April, 1913,. to April,1915, one hundred twenty-six conditional pardofis were granted and'The membership of the committee is as follows: Edward Lindsey, Esq., chair-man, Warren, Pa.; Edwin M. Abbott, Esq., Land Title Bldg., Philadelphia; Pro-Charles.Richmond Henderson, University of Chicago, (deceased); Hon. Samuel W.Salus, Morris Bldg., Philadelphia; Rev. Samuel G. Smith, St. Paul, Minn., (deceased);Richard Sylvester, Former Chief of Police, Washington, D. C.; Frank L. Randall,Chairman State Board of Prisons, Boston, Mass.EDWARD LINDSEYonly eight full pardons; in fact a full pardon, is now hardly evergranted except for the purpose of restoring citizenship to a prisonerwho has been released under a onditional pardon long enough for theBoard to be fully satisfied of his reformation.In Vermont also the Executive, without statutory authority butupon his own initiative, has adopted the practice of granting condi-tional pardons. There is no indeterminate sentence or parole law butthe system of suspended sentence and probation is in effect and an Actcreating a state Probation Commission was passed in 1910. It has be-come the practice of the superintendents of the penal institutions torecommend to the Governor the release of all prisoners at the expira-tion of the minimum of their term of sentence provided they haveobserved the rules of the institution during such term and the Gov-ernor usually grants such prisoners a conditional pardon, requiringthem to observe such conditions as he sees fit to impose until the ex-piration of the time covered by the maximum sentence. Among theconditions is usually the requirement that the prisoner released shallreport at stated times to the probation officer of the county from whichhe was originally committed.Rhode Island while not -adopting the indeterminate sentence, byAct of March 31, 1915, created a Board of Parole and instituted theparole system in that state. The board consists of the Governor, theAgent of State Charities and Correction and three other citizens of thestate to be appointed by the Governor with the advice and consent ofthe Senate. It is provided that whenever a person convicted of anyoffense shall be sentenced to be imprisoned in the state prison or shallbe sentenced to be imprisoned in any county jail for a period of morethan six months, such sentence shall be subject to the control of theboard of parole. The board in any such case, unless the prisoner beconfined as an habitual criminal or for life, nay by an affirmative voteof the Governor and at least two other members of the board issue tosuch prisoner a permit to be at liberty upon parole whenever suchprisoner has served not less than one-half of the term for which hewas sentenced. In the case of a prisoner sentenced as an habitualcriminal he must have served not less that five years and of a prisonersentenced for life he must have served not less than twenty years tobe eligible to parole. Every permit so issued by the board of paroleentitles the prisoner to be at liberty upon parole during the remainderof the term, which he is under sentence to serve upon such terms and-conditions, as the board may see fit in its discretion to prescribe. Theboard may by a majority vote of all of its members revoke any permitissued by it whenever it shall appear that such prisoner has violatedINDETERMINATE SENTENCE, RELEASE ON PAROLE & PARDON 809any of the terms or conditions of his permit or any of the laws of thestate, in which event the prisoner shall be returned to the institutionin which he was confined to serve therein the remainder of his orig-inal sentence according to the terms thereof and the time between therelease of the prisoner upon parole and his return to the institutionshall not be considered as any part of his original sentence.In general it would appear that it is the feature of release uponparole or conditional liberation that has gained the adherence of pub-lic opinion and that the indeterminate sentence, where it has beenadopted, has been so adopted on the basis of an adjunct to the parolesystem rather than as an end in itself. In fact the term "indeterminatesentence," is an inaccurate one as applied to any of the statutes whichhave been passed for none provided for a sentence that is strictly in-determinate, but only so within prescribed maxima and minima. Infact there are few, if any, practical advocates of a strictly indetermin-ate sentence. Any form of sentence, which provides a minimum anda maximum limit, is classed as an indeterminate sentence and this is allthat is necessary in order to afford room for the working of a parolesystem; indeed that system may be and is applied to a strictly definitesentence under the pardoning power as is shown by the instance hereincited.In Kentucky the indeterminate sentence law of 1910 was repealedand a new Act passed in 1914. This was primarily because it was heldby the Kentucky Court of Appeals that under the Act of 1910 it wasmandatory upon the Board of Prison Commissioners to issue a paroleafter service of the minimum term of sentence with nine months goodprison record. The Act of 1914 gave to the Commissioners discretion-ary power to grant or refuse parole with the approval of the Governorand made other changes which may be noted by referring to the Ap-pendix.In Maryland the Parole Act of 1914 was noted in the Commit-tee's report for last year. The General Assembly in 1914 also providedfor submitting to the people a constitutional amendment authorizinglegislation on the subject of indeterminate sentence, which will be votedupon at the November election of this year.Montana has in 1915 provided an indeterminate sentence for anycrime or offense punishable by imprisonment in the state prison, excepttreason, murder in the first degree, rape by force or administeringpoison to a human being with intent to kill. The Court in passingsentence must fix the minimum and maximum terms thereof, whichmust be within the minimum and maximum named in the law, pre-scribing punishment for the crime and in no case shall the minimum810 EDWARD LINDSEYbe less than six months. Where* the punishment is fixed by the jurythe verdict must set forth the minimum and maximum. Any personreceiving an indeterminate sentence may be paroled in -the discretionof the Govenor and State Board of Prison Commissioners after serv-have an office at the state penitentiary, keep a register of all parolesand conditional pardons, have oversight over persons'released on paroleor conditional pardon and require all such persons -to report to him atstated intervals. He shall'also have power in accordance with the rulesof the Parole Board to retake and return to the penitentiary all per-sons who have violated their parole or broken the conditions of theirpardon. The indeterminate sentence system, as provided in 1911, con-tinues in force unchanged in all other respects.Detailed information is furnished in the Appendix as to the Ken-tucky, Ohio and Rhode Island Acts in the form of answers to ques-tions uniform with similar information appended to the Committee'sreports for previous years.INDETERMINATE SENTENCE, RELEASE ON PAROLE & PARDON 811APPENDIXQUESTIONS.1. Who may be committed under the indeterminate sentence?2. Provisions for maximum and minimum term.3. Parole board.4. Duties of parole board.5.' Regulation of petition or argument.6. Prisoners eligible to parole.7. Points considered in granting parole.8. Conditions of parole.9. What constitutes violation of parole?10. System of arrest for violation of parole and fees attachedthereto.11. Penalty for violation of parole.12. Conditions for final discharge of prisoners from parole.13. How paroled prisoner is finally discharged.14. Number of violations of parole.15. Extent of parole system.16. Number of prisoners now under parole.17. Note. Miscellaneous remarks. Special provisions.ANSWERS.Kentucky (Laws of 1914, ch. 19).1. All persons guilty of felony or misdemeanor except such crimes asare punishable by death or life imprisonment.2. Sentence fixed by the Jury within the minimum and maximumterms as provided by law for such offenses.3. Three Commissioners appointed by the Governor for a period offour years.4. Investigating and granting paroles with the approval of the Gov-ernor. Investigating and revoking paroles. General supervi-sion of the Penal Institutions of the State.5. Written statements of facts by trial officials and any and all peti-tions from home people. No paid attorneys permitted to appear.6. All prisoners who have served minimum terms with at least ninemonths good prison record. Persons committed for life are al-lowed to file application after eight years.7. Particulars of crime, past life of individual and prison record.812 EDWARD LINDSEY8. Respectable employment with a reputable firm for at least sixmonths and continued conscientious effort to good citizenship.Monthly report as to conduct, employment, wages and generalenvironment.9. Failure on his part as a peaceful and law-abiding citizen or to re-port each 30 days as to conduct, employment, etc.10. Warrant issued by the Board of Prison Commissioners and ap-proved by the Governor to any Peace Officer in the.State.11. Returned to the Institution to erve unexpired portion of sentence12. Pardon by Governor.13. By Governor.14. About 10 or 12 per cent.15. State system.16. 3,200.17. The Act of 1910 was held by the Kentucky Court of Appeals tomean that after service of minimum term with nine months'good prison record that i was mandatory upon the Commis-sioners to issue parole. The Act of 1914 gave to the Commis-sioners discretionary power to reject applications and to grantparoles with approval of the Governor.Ohio (Amendment of Sec. 2166 of the General Code of Feb. 26, 1913).1. Any person who shall be convicted of a felony by due process oflaw. Except of crimes which are punishable by a life sentence.2. Each felony has its prescribed penalty in years of imprisonment,such terms being defined in the Statutes, and names the mini-mum number of years which a convicted person must serve andthe maximum number of years which he can be required toserve.3. The Ohio Board of Administration, composed of four members.4. To determine the sentence of any inmate, at its discretion, afterthe minimum term prescribed by law has been served.5. Application for parole is made out by the prisoner himself, saidapplication to be advertised for three successive weeks in twonewspapers of opposite politics in the County from which appli-cant was committed. In application, references are given alsodetailed account of life for ten years before commitment. Eachreference and employer is addressed by mail and answers aresubmitted to the Board with application and certified proof ofpublication of advertising.6. - All who have not previously been convicted of a felony, at expira-tion of minimum sentence.7. Applicant's home training, habits before conviction, circumstancesINDETERMINATE SENTENCE, RELEASE ON PAROLE & PARDON 813surrounding crime, attitude toward society, conduct since in-carceration and attitude as to future conduct if paroled.8. Abstain from use of intoxicants, cigarettes, etc., care for thosewho are dependent upon him, be steadily employed, makemonthly reports to the Record Clerk of the Institution, inwhich is stated where employed, nature of employment,amount earned, amount expended and for what. Thesereports must be countersigned by the employer or by some onedesignated by the officials of the institution.9. Drinking, loafing and general lawlessness. Commission of an-other Crime, eithef misdemeanor or felony. Leaving State without permission. Continued failure to report. False orfictitious reports.10. Declared violator by field officer or official, advertised and re-ward of $25.00 offered.11. Returned to penitentiary and given hearing by Board. If found thathis violation has been gross or he is not worthy of further trial,can be held up to maximum term at the discretion of the Board.12. Usually given a final release after showing good conduct and ob-serving all rules of parole for one year, on recommendation offield officer or the warden to the Board.13. In writing, by authority of the Board.14. For the past two years less than 10 per cent of those paroled.15. State system; before 1913 applied to state reformatory only.16. During the past year over five hundred were placed on probationand paroled. On July 2,1915, there were 503 persons on paroleand probation.17. When a parole is granted it is required that the paroled personhave a signed employer's agreerhent before being released. Thisis an agreement to employ the one paroled, and assist him inevery way consistent to keep the conditions of his parole, alsoto countersign his monthly reports.Three field officers are employed whose duty it is to keep inclose touch with those under his jurisdiction, report their con-duct, verify their reports and assist them wherever assistance isrequired.Rhode Island (Act of March 31, 1915).1. No indeterminate sentence.2. As usual under definite sentences.3. Board consisting of the Governor, the agent of State Charitiesand Corrections, and three other citizens to be appointed by theGovernor with the advice and consent of the Senate.814 EDWARD LINDSEY" 4. By affirmative vote of the Governor and at least two other mem-bers of the board to issue permits to be at liberty upon paroleand to revoke such permit in case of violation of conditions ofparole.5. 'The parole board is not required to receive or consider any peti-tion nor to give public or private hearings and it may secure theinformation, upon which it- acts in such manner and by suchmeans as it may consider most fitting to carry out the purposeof the Act, provided that before issuing a permit to a prisonerthe attorney general must be given an opportunity to submit tothe board such information as he'may have relating to thecharacter and history of the prisoner.6. Any person imprisoned in the state prison and any person sen-tenced to imprisonment in a county jail for a period of morethan six months, but in the case of one sentenced as a habitualcriminal, he must have served not less than five years and inthe case of one sentenced to imprisonment for life he must haveserved not less than twenty years to be eligible to parole.7. a. That such prisoner is deserving of such permit by reason of hisgood conduct while imprisoned and has shown a dispositionto reform.-b. That such prisoner will be able to secure employment as soonas he is at liberty upon parole or is otherwise provided for sothat he will not become dependent upon public charity.8. Such as the board may prescribe.9. Violation of any of the terms and conditions of his permit or anyof the laws of the state.:10. -Warrant of arrest issued by the Governor to any officer author-ized to serve criminal process.11. To serve the remainder of his original sentence, the time he is atliberty on parole being disregarded.12. Expiration of sentence.13. Automaticilly by expiration of term of sentence.14. No information.15. All prisoners in state prison and all sentenced to more than sixmonths in county jail.16. No information.17. No information.

Indeterminate Sentence Release on Parole and Pardon

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Indeterminate Sentence Release on Parole and Pardon

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