MANAWATU EVENING STANDARD. Circulation, 3,200 Copies Daily. WEDNESDAY, APRIL 4, 1906. THE INDETERMINATE SENTENCE.

Manawatu Standard, Volume XLI, Issue 8155, 4 April 1906, Page 4

MANAWATU EVENING STANDARD. Circulation, 3,200 Copies Daily. WEDNESDAY, APRIL 4, 1906. THE INDETERMINATE SENTENCE.

The question of dealing satisfactorily with, the criminals that are frequently before the Courts in this Colony is suck a difficult ono to solve that it is not unlikely a trial of the indeterminate sentence will be made in the future. Many of our readers tire no doubt aware that this system, which had its origin in the United States of America, is now in vogue in New South Wales, and other States of the Commonwealth are expected to bring it into force. The arguments for tlie indeterminate sentence are the same all over the world. As Mr 8. J. Barrows, President of the International Prison Congress has pointed out, it is impossible to construct a criminal code so lliafc the penalty shall exactly fit the crime or the offender. In our own Courts we have almost daily illustrations 6£ the inability of Judge and Magistrates to even faintly conceive of the course of action which shall approximate most to an ideal fulfilment of perfect justice. But here the indeterminate sentence comes in and gives the necessary relief. Without it, the Judge decidcs when a man shall come out of prison, but under the indefcerniiuate sentence it puts, the main responsibility of decidiug upon the prisoner timself. The Judge sees to a fair trial, the jury decides as to guilt, but tlie prisoner lias it in liis own hands to in alee his term long or short. It provides the best environment it can under preacat conditions, and makes ifc easier for him to do right than wrong. It puts him under a whole range of reformative influences, physical and intellectual, and tkea gives

J."!" "'''"''".i"! .-r. I ill"- H ( yi 'J. ,jik inn the opportunity to show when s ifittcd to be restored tp society, lie is given certain duties to perform, vith a certain number, of marks at* -ached. This means that ho can graduate either quickly or slowly as | tie chooses, Mr Barrows goes oa to 1 say " The indeterminate sentence is not, then, a passive punishment; it i« something better; it is an active discipline ; it is an opportunity. It is an opportunity for, moral and intellectual enfranchisement which liberates th.e man from himself. It opens to hiitt a new future. It means, not relentless suffering for something that he lias done, but relentless endeavour for something which he is to become. The truest proof of repentence is reformulation. No reformation can be secured without suffering, the -suffering of discipline; but the discipline which reforms is not the discipline which crushes." The indeterminate sentence, Mr Barrows gays, has no meaning unless" it is connected with an active reformatory system. To send men to prison where there is no labour, n9 schools, no incentive to self-develop-ment, is merely a parody upon the true principle of the indeterminate sentence, which is a very different tbing from a definite sentence shortened a certain number of months for good behaviour. In America certain States have adopted what they call a parole system. Men are released conditionally after they have served a certain time Their eligibility for parole does not depend upon what they have done in prison, but on „what they have not done. They have observed a somewhat easy set of prison rules; they have given the keepers no trouble. Habitual criminals easily adjust themselves to sack rules. Such parole laws may not be entirely value* less, but they are in no respect synonymous with the indeterminate sentence; they are calculated rather to bring ifc into disrepute. Mr Barrows suggests that the indeterminate sentence should have no time limit, either mmimum or maximum. The reason for this, of course, is quite apparent. If tbe indeterminate sentence is to be of any use at all, it must be coupled with a man's reform, and no one can say when this shall be accomplished, m time either long or short. If a minimum sentence is imposed, the : prisoner is released probably before he should be, while if a maximum sentence is imposed, if a man is not qualified to be released before, lie is certainly not then in a lit condition to be released/and should be, as an undesirable, still shut up. ; This method for ensuring criminal reform ition is well worth the attention of reformers and members o£ Parliament. America has proved the value of the system, and if New Zealand gave it a trial the result would, probably be beneficial to the community.