INDETERMINATE SENTENCE
The proposed method is the indeterminate sentence. This strikes directly
at the criminal class. It puts that class beyond the power of continuing
its depredations upon society. It is truly deterrent, because it is a
notification to any one intending to enter upon that method of living
that his career ends with his first felony. As to the general effects of
the indeterminate sentence, I will repeat here what I recently wrote for
the Yale Law Journal.
It happens, therefore, that there is great sympathy with the career of
the lawbreakers, many people are hanging on them for support, and among
them the so-called criminal lawyers. Any legislation likely to interfere
seriously with the occupation of the criminal class or with its increase
is certain to meet with the opposition of a large body of voters. With
this active opposition of those interested, and the astonishing
indifference of the general public, it is easy to see why so little is
done to relieve us of this intolerable burden. The fact is, we go on
increasing our expenses for police, for criminal procedure, for jails and
prisons, and we go on increasing the criminal class and those affiliated
with it.
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.
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