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 Illinois is concerned with the handicap of inadequate appropriation and personnel sentences imposed by the Parole Board have been much more severe, but not excessively so, than those of juries and trial judges in either state or federal courts. Observation reveals that extreme punishment often produces unsatisfactory results. VOLUME OF WORK INVOLVED Investigation, examination, and the consideration of certain information inadmissible in court are essential to justice in fixing time to be served under indeterminate sentences. More thorough investigation, preparation of records, and consideration of individuals as well as of crime should result in more satisfactory terms, when sentences permit, and even in permanent confinement for hopeless criminals, as well as in earlier releases for accidental offenders, especially youths. As a rule, vicious and habitual criminals, who plead guilty to lesser crimes, profit by reduced sentences and conceal their criminal records. BETTER STATISTICAL INFORMATION NEEDED Every student of crime knows that lack of information and of uniformity in records makes intelligent interpretation of parole statistics difficult. The statement that 80 to 85 per cent of paroled convicts make good is misleading. No definite record is available except as to the 15 to 20 per cent failures. Formerly, with rare exceptions, discharges from parole were granted after twelve good reports. All contact was then lost, and authorities were ignorant of address, occupation, or personal life of the parolee. Crimes may have been committed in other communities, under aliases, and the facts not discovered or recorded. Similarly, "first offender" records are often valueless, as criminals with no other "convictions of record" are classified as first offenders, despite admissions to the contrary. Accurate statistical information is highly important and there is ample room for improvement in present methods. STATUTORY RESPONSIBILITIES In a great majority of serious felony cases, court and jury are without power to impose definite-time sentence. Upon the Parole Board is placed the statutory responsibility for determining the amount of time to be served by 80 to 85 per cent of persons committed by the criminal courts of one hundred and two counties, one of which alone has a population of nearly four million people. To function efficiently, the Board should have protection and powers equal to those of the courts. The length of parole restriction is important. No final discharges from parole have been granted since July, 1926, and the Board is now keeping contact with parolees until sentences expire, with little or no inconveniences to them. The responsibility for reasonable assistance to parolee, and proper supervision of him while on parole, is likewise statutory and desirable from every viewpoint. At the same time, it is urged that the sooner criminals learn that justice is swift and certain, and that sentences are imposed to be served-less reasonable allowance for good conduct-the better it will be for society; and there will be a decrease in the number of such atrocious crimes as murder, indecent liberties with children, rape or incest, as well as major crimes of robbery and burglary. This report is the result of two years' intensive and discriminating study. It reveals facts that should arouse the people of Illinois to action and serve as an aid to improvement in government. It has a special message for public officials, financial and industrial leaders, educators, the general public, and the press. HINTON G. CLABAUGH |