the criminal. These two
statements do not admit of contradiction. Even those who cling to the
antiquated notion that the business of society is to punish the offender
must confess that in this game society is getting the worst of it.
Society suffers all the time, and the professional criminal goes on with
his occupation, interrupted only by periods of seclusion, during which he
is comfortably housed and fed. The punishment he most fears is being
compelled to relinquish his criminal career. The object of punishment for
violation of statute law is not vengeance, it is not to inflict injury
for injury. Only a few persons now hold to that. They say now that if it
does little good to the offender, it is deterrent as to others. Now, is
our present system deterrent? The statute law, no doubt, prevents many
persons from committing crime, but our method of administering it
certainly does not lessen the criminal class, and it does not adequately
protect society. Is it not time we tried, radically, a scientific, a
disciplinary, a really humanitarian method?

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 is unnecessary to say in a law journal that the indeterminate
sentence is a measure as yet untried. The phrase has passed into
current speech, and a considerable portion of the public is under
the impression that an experiment of the indeterminate sentence is
actually being made. It is, however, still a theory, not adopted in
any legislation or in practice anywhere in the world.

The misconception in regard to this has arisen from the fact that
under certain regulations paroles are granted before the expiration
of the statutory sentence.

An indeterminate sentence is a commitment to prison without any
limit. It is exactly such a commitment as the court makes to an
asylum of a man who is proved to be insane, and it is paralleled by
the practice of sending a sick man to the hospital until he is
cured.

The introduction of the indeterminate sentence into our criminal
procedure