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1 J. Am. Inst. Crim. L. & Criminology 438 (May 1910 to March 1911)
Adult Probation Parole and Suspended Sentence

handle is hein.journals/jclc1 and id is 452 raw text is: ADULT PROBATION, PAROLE AND SUSPENDED SENTENCE.' REPORT OF COMIMIITTEE C OF THE AMERICANT INSTITUTE OF CRIMINAL LAW AND CRI INOLOGY. WILFRED BOLSTER, CHAIRMAN. In this report the term probation is used as signifying judi- cial denling with a ennvi cled per.-on, withmit sentence, and as n sub- stitute therefor, parole as signifying the conditional release from imprisonment of a sentenced convict, and suspended sentence as signifying suspension of the execution of sentence of either fine or imprisbnment. So much confusion #exists in the use of these terms that it is necessary so to define thcm in accordance with the better and prevailing practice. Probation is a judicial system by which an offender against penal law, instead of being punished by a sentence, is given an op- portunity to reforni himself under supervision, and subject to condi- tions imposed by the court, with the end in view that if he shows evidence of being reformed no penalty for his offense will be imposed. Its prototype was the practice of many judges to continue cases from time to time, with the consent of the defendant and during his good behavior, with a view to the final placing of the case on file. Its first legislative sanction as a part of the quasi-penal ma- chinery was in Massachusetts, under statute 1878, chapter 198, authorizing the appointment of a paid probation officer, under con- trol of the chief of police, in Suffolk county (Boston). The system was made general throughout the state by statute in 1880, chapter 129, and its control was vested in the judiciary by statute in- 1891, chapter 856. From that time it has been extended, in varying forms, to thirty-seven states, the District of Columbia, and to New Zealand, Great Britain, Canada, Australia, Germany and Hungary. A bill is now pending in Congress for its adoption in all Federal courts ex- cept in the District of Columbia, where the system has been applied to children for several years. Adult piobation now obtains in the states of California, Connecticut, Georgia, Indiana, faine, Afary- 'The topics originally committed included indeterminate sentence. In view of the fact that this subject is one peculiarly involving matters of institutional treatment and prison discipline, your committee recommends that it be referred to a new committee comoosed of members who can deal with it from first-hand experience, believing-that in this way only can results of practical value be ob- tained. The same consideration will expl-in the scope adopted for this report. W'e believe that what is most needed is a more widespread knowledge of the practical workings of the probation system, and that theoretical discussions may well be deferred until wider know'edge and more uniform application render scientific deductions reliable.

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