FOREWORD Crime and law enforcement are two of the most important and widely discussed subjects of the times. Protection of life and property is the first and most important function of government; and in the beginning, this was exclusively so. But with the rapid growth of our great country and the development of other governmental responsibilities, is the first duty being neglected? Although our industrial and governmental machines are far from perfect, we probably are the most ingenious and efficient nation industrially. Can we truthfully say this of our law enforcement? Judges of our higher courts, as well as the public, repeatedly ask whether the people are losing confidence in the courts. INDEPENDENT INVESTIGATION In the past, the courts, prosecutors, indeterminate sentences, the parole law and the Parole Board have been subjects of much criticism. Under attack, an individual is entitled to defense; precisely so with administrative bodies. In both cases, self-defense is proper and advisable, especially when criticism is frequently unintelligent and unjust. In order to obtain an impartial, intelligent, and constructive consideration of the indeterminate-sentence laws and of the parole administration, as well as a comparative study of sentences imposed by trial judges and juries, and of the practice of accepting pleas of guilty for lesser crimes than were really committed, and also in order to avoid suggestion of prejudice or politics, agreement was made with the University of Chicago, the University of Illinois, and the Northwestern University to undertake an examination, analysis, and report on the entire record of the Parole Board for not less than six years past. The representatives selected were: for Northwestern, Judge Andrew A. Bruce, Northwestern University Law School, president of the American Institute of Criminal Law and Criminology, formerly Chief Justice of the Supreme Court of North Dakota, and ex-member of the Board of Pardons and Paroles of that state; for Illinois, Albert J. Harno, Dean, College of Law, University of Illinois; for Chicago, Ernest W. Burgess, Department of Sociology and Anthropology, University of Chicago. The integrity, qualification, and high standing of these university representatives insure to the people of Illinois, and make acces 700282 sible to them in convenient form, valuable, unbiased information probably not heretofore known to them on crime and law enforcement, especially as it relates to the indeterminate-sentence and parole laws. BENEFICIAL TO SOCIETY My first impression was that indeterminate sentences and parole laws were an asset to criminals. Proof to the contrary is overwhelming, and I now believe these laws, properly administered, to be decidedly beneficial to society, as well as to the individual. In using the terms probation and parole, it should be remembered that in the legal sense these words are not synonymous, although they are usually thought of as one and the same. Probation is conditional release (by the court) after conviction with no time served and is, in fact, a substitute for commitment to a jail or penal institution. Probation developed from the English practice of deferring judgment and sentence. Originally probation was limited to misdemeanors and it certainly was not expected that courts would apply it in thousands of cases of armed-robbery, burglaries, rape, manslaughter, and crimes of violence. Parole is conditional release after a portion of the sentence (imposed by court or jury) has been served. Parole gradually developed from commutation of sentence and presupposed preparation in a penal institution. Adult probation and parole had their origin in an attempt to mitigate the harshness of the law. No thought was given to reform and rehabilitaton. Persons placed on probation are saved from the stigma of prison experience, while those paroled have had to undergo the humiliation and punishment of substantial incarceration prior to parole. The latter are frequently worse off when released than when imprisoned, because of forced association with more vicious and hardened criminals, and they must, therefore, be helped to overcome an almost unforgettable experience. Social rehabilitation of men and women who have served prison sentences requires consideration and handling altogether different from what is required for the reformation and restoration of those given court probation. Illinois is said to be one of the first states, if not the first, to enact a parole law. That was about thirty years ago. It is true that the purpose of this law is to make good citizens out of felons; yet, to one who has watched changing sentiment over twenty-five years, it appears that the pendulum of justice and mercy has swung to the extreme in favor of criminals. While the unthinking may clamor for savage penalties, there is a happy medium of substantial punishment, confinement, treatment, training, and finally rehabilitation under the parole law. The experience of Illinois, other states, and the federal government with paroles commends these principles, even where the method of administration is faulty. And, of course, no machinery is more efficient than the human element that operates it. Undoubtedly, the majority of paroled convicts ultimately become good citizens, if they have not been held too long and thereby ruined. It does not follow that vicious or habitual criminals, who at liberty may menace life, would ever be released if adequately sentenced. As to others, unnecessarily long sentences are injurious to society as well as to the individual. It should be remembered that we have, criminals to be dealt with. We have penitentiaries and reformatories, and (excepting cases of death and life sentences) inmates must be released sooner or later, for better or for worse for society, as well as for the offender. IMPORTANCE OF EARLY ENVIRONMENT Unquestionably, early environment of parental indifference, home neglect, defective mentality, lack of education, bad moral atmosphere, social dissipation, the use of liquor, and other adverse conditions of life all have an important bearing on criminal development. Criminologists, penologists, psychiatrists, and other experts forcefully stress the effect of early environment. Although adversity, poverty, and other troubles are often character builders instead of destroyers, yet the importance of proper character formation in childhood, on through the adolescent period, cannot be exaggerated. That, however, is not a parole or prison problem. We are living in a practical age with practical conditions to be met in practical ways. After the home, church, school, reform school, and juvenile court have failed, and probation often has been found unsuccessful, society has definitely determined the accused to be a felon. This human being is then turned over to the prison and parole authorities to be punished, reclaimed, reformed, and rehabilitated, or to be kept confined for the maximum period of the sentence, and eventually to be released. Unwisely judged, this same criminal may become embittered and hardened by long confinement, and will be at large ultimately without parole restriction, assistance, or supervision. COST OF CRIME Crime causes an enormous loss to society. Inadequate protection of life and property breeds anarchy. Careful consideration of all human factors is necessary if premature releases of criminals are to be minimized. Certainty of adequate punishment and proper parole administration are important crime deterrents. An awakened public realizes that all has not been well in law enforcement; but there is doubt whether it knows that in so far as |