Show t s. s 6 FRICK or Yi LE s. s IF i. i LENIENCY TO CONVICTS EXPLAINED AND DEFENDED BY STATE CHIEF JUSTICE Elmer I. I Goshen Salt Lake Cit City Utah Ulah Dear Mr Goshen Gosh I am frequently frequently frequently fre fre- asked by some of oC our best and most intelligent citizens upon what theory the board of oC pardons justifies its action in granting leniency to many of oC our convicts aC after ef having served only short periods of oC Imprisonment The question is a pertinent one and andIs andis Is entitled to most careful tion I shall however be compelled to treat the matter only in the most general terms and much therefore must be bo left leU unsaid that might well be indeed that should be said Tho The treatment of oC criminals should be beauch beauch besuch auch such as to effect If possible their moral regeneration The purpose or aim of oC imprisonment should be to re reform reform reform re- re form rather than to inflict vindictive punishment upon the convict for the wrongs he has committed Every convict convict convict con con- vict should be made to understand that his own destiny lies largely in his own hands that he has the power within himself to either cither remain In prison in indefinitely indefinitely In- In definitely or gain his liberty within a reasonable time To that end every convict must be bo given to understand that the prison officials as well as the board of oC pardons are interested in his welfare and that they desire to ac accomplish accomplish accomplish ac- ac his reformation by acts acts' of oC kindness rather than through tho In Infliction infliction infliction in- in of oC vindictive punishment It Is necessary therefore that the prison officials and especially the warden warden warden war war- den of ot the state prison under whose direct charge every convict is placed shall shaH take a kindly interest in the convicts convict's convicts convict's convicts convict's con con- vict's moral welfare The warden varden must thus make a special effort to come como In personal contact with every prisoner placed In his keeping He lIe should so far tar as possible e by acts of oC kindness and friendliness obtain the full tull and unreserved confidence of oC every convict To do so the warden must approach and treat the prisoner as a human being and as one In whom he has a personal Interest lIe He must learn EO so far as possible all about the prisoners prisoner's prisoners prisoner's prisoners prisoner's pris pris- oner's life lite his past environment his habits and his disposition He Ile m must st ascertain what the prisoner Is capable of ot doing doing- best and so far as th the labor In the prison affords any choice permit the convict to choose his employment nt That is while every prisoner prIsoner pris prIs- oner should be required to work and to work steadily each da day the warden warden warden war war- den should nevertheless permit each one so far as possible to do the kind I of DC work ho he desires and for which he heIs heIs heis Is best adapted The prisoner Is thus made to feel that his incarceration is Intended as a af correction rather than as asa asa asa a punishment that it was made necessary necessary necessary sary by his own misconduct while at liberty and that his reform and future welfare depend very largely upon his own behavior While there While there must be prison discipline and each prisoner must be required to obey the rules of oC the prison the rules nevertheless ess should be such that every everyone everyone everyone one one can obey them and should tend to uplift and to reform the life lite of oC the prisoner Each prisoner must thus be treated as an Individual and according according accord accord- ing ing- to his Individual merits or de de- de merits The supreme purpose of oC his Imprisonment should be to have ha him fully understand and appreciate that he is being being- imprisoned only be because he has violated tho the criminal laws of oC his country that his liberty Is a mena menace to society for the reason that if IC he were permitted to continue to enjoy it ho would merely merely- merel abuse abuso his privileges to the serious detriment of ot that society soci sOCI- et ety The prisoner thus soon learns that ho he Is not being Imprisoned merely to inflict punishment upon him but that hat If It he is being deprived of oC his liberty it is because of oC his his' own misconduct misconduct misconduct mis mis- conduct and that the time he Is required required required re re- re- re to serve sene s depends very largely upon his own will and especially upon his disposition to reform and upon his assurance that he will make every effort to become a useful member member member mem mem- ber of ot society by scrupulously obeying obeying obey obey- in ing the laws of oC his country Then again the fact tact that the convict convict convict con con- vict has made voluntary restitution or that he is willing to do so as far as possible should always be considered in his favor In this connection one Is frequently met with the statement that while the foregoing treatment of oC prisoners may perhaps be calculated to benefit them it ft however is not conducive to the general welfare in that It does not produce produce produce pro pro- duce the thee proper effect upon the minds of ot the criminally inclined who are still at large in that it Is not sufficiently rigorous orous to afford aCCord an example or a deterrent to that class from continuing In their criminal careers In view that the foregoing sentiments sentiments sentiments senti senti- ments emanate from some of ot our best citizens I shall pause for a a moment to inquire Into th the soundness and justness justness justness just just- ness of oC the sentiment Personally I Iam Iam Iam am persuaded nay persuaded nay more I am convinced con con- vinced that vinced-that that punishment however se severe severe severe se- se vere or cruel has never deterred the criminally Inclined from following their Inclinations Indeed in my Judgment mere punishment has never nevor deterred anyone anone from doing what he was strongly inclined to do While it may ha have ve had and In some instances may still have a temporary deterring ef effect effect et- et feet upon some minds yet it is utterly useless as a permanent det deterrent A moments moment's reflection will convince any unbiased mind why this is so Assume that we are going to rear a group of oC boys and girls by that method let us see what happens If It for example Johnnie has been particularly troublesome troublesome troublesome trou trou- to his mother on a particular day and she has threatened th punishment punishment punishment punish punish- ment until to retain her self respect sh she is compelled to whip him Now if after aCter she has given him a somewhat severe whipping for an average mother moth moth- er she should sa say to him Johnnie I have ha whipped you as punishment for what you have done I shall now proceed proceed proceed pro pro- to whip you Just as se severely rely Man as M asan asan an example or deterrent to your little brothers and sisters What do you suppose Johnnie would think about the matter Do you OU think you could ever convince him or any child who is be beIng being being be- be ing punished In that way that there is any Justice In the method He would take his punishment for tor the wrong he has done like a little man I but he would resent It to the end of or his I days the punishment that he receives as an example to others i It may be said however that the mere whipping without more has Its effect That may be so to some ex extent extent extent ex- ex tent but if It be so It is because it is suffered by the little fellow as an act of justice because of oC his own wrong and not as a deterrent to his brothers and sisters much less as a deterrent to other little boys and girls who he may mayor or may not know Now let us apply that method to one of oC our young convicts and most of ot them are still young Suppose one of them applies to the board of oC pardons for leniency and If it after atter hearing him and all about him the board is thoroughly thoroughly thor thor- satisfied that he fully appreciates appreciates appreciates th the circumstances of his case that he has firmly made up his mind that a criminal life Ufe Is the hardest as aswell aswell aswell well as the most undesirable and that he will henceforth be a useful member of oC society and that his prayer should bo be granted grant we nevertheless before granting his prayer shall say to him My dear boy It is true you have been imprisoned long enough for the wrong you have committed and we are satisfied satisfied satisfied satis satis- fied that you will henceforth be a Jaw abiding and useful citizen but W we cannot cannot cannot can can- not grant your prayer now because you have not been incarcerated long lon enough yet for the purpose of setting an ex example example ex- ex ample or deterrent to others and therefore therefore therefore there there- fore your prayer must be DC denied until such time as in our judgment you shall have served long enough for the purpose purpose purpose pur pur- pose stated slated Do you think there ever was an intelligent human being who would concede the justness of oC such a method of punishment when It affected himself or that there e ever r will besuch be besuch besuch such a one one There never was such a person and there never will beOf be Of OC course the prisoner Is not told in terms that his imprisonment is prolonged prolonged prolonged pro pro- longed solely for that purpose Neither is the child so informed And yet such is precisely what is demanded almost daily dally from good men and women and what our Judges tell the unfortunate criminals who vho stand before beCore them for sentence Imprisonments should therefore continue continue continue con con- no longer than Is necessary to effectuate the reformation of ot the convict con con- vict That may require a a. longer term in some instances than ft t does in others depending upon various circumstances circumstances circumstances cir cir- cir cir- and conditions which I Ishall Ishall Ishall shall not pause to Illustrate here The prisons officials an ani the board of pardons during the recent years have so far as possible en endeavored to treat every prisoner according to his deserts and so as to make him an asset rather than a liability to the state slate l Moreover over in extending leniency the warden varden as well as th tit board of pardons have had some regard for forthe forthe the wants of the convicts convict's family if it he had one In cases where the family that hat is the convicts wife wite and children children children chil chil- dren and a at t times his aged paren parents ts were In destitute circumstances circumstances and and such Is too frequently the case the case the aim has always been as far as possible possible possible ble under the laws of oC this state to I give the convict the opportunity to earn enough to support his family and to keep them from absolute want To Todo Todo do that some desirable person must J be he found who Is willing to give employment employment employment em em- to the convict In that way many of oC the families of convicts have been provided for by the convicts convict's own earnings 5 hether Whether the system that has been followed by the warden and the board of oC pardons should be approved o or ot condemned must be determined from Its results I cannot do more here than to give Ive a general outline of oC the year ear commencing January 1 and endIng endIng ending end- end Ing December 31 1920 It must be re remembEred remembered remembered re- re that under our present system system system tem of ot sentencing criminals the convicted convicted con con- on- on persons are by the trial judges Imprisoned for terms and the convicts must therefore all ap apply apply apply ap- ap ply to the board of pardons If it not for parole or pardon at least for or I tion of ot sentence During the year of 1920 the board of oC pardons of oC this state considered applications Of that number sixty-six sixty were paroled Fifty Fifty- nine had their sentences terminated That Is In the judgment of the board they thy had served sufficient time to entitle entitle entitle en en- title them to their discharge Seventeen Seventeen Seventeen Seven Seven- teen had their sentences commuted and four Cour were pardoned The applications of oC the remainder were necessarily de denied de- de nied It should be stated here that a large number of ot those whose sentences were terminated had preceding that time been paroled and In view of oC their good conduct while on parole were given full fun liberty Of C those whose sentences were c. c commuted mostly all an of them came from our different county county county coun coun- ty jails and their offenses were minor Pardons are granted only to such as have been at liberty for a long time and have haye become useful citizens or to such whose offenses may have been technical merely or trivial After de deducting deducting deducting de- de ducting those who were pardoned and commuted for minor offenses there re remained remained re- re out of the whole number of oC applications acted upon In the year 1920 One hundred and thirteen of oC those are making good Our records show Just where they are and what they are doln doing and the amount of ot money they have been earning earning- and have saved Five Fhe were returned to the state prison during the year because they could not obtain further employment employment employment employ employ- ment and one was returned because he violated his parole Judging from the record for 1920 It will be seen that the warden and board of oC pardons have not gone far astray in their treatment of ot our convicts as asit asit asit it is sometimes thoughtlessly asserted that they were doing In conclusion I desire to state slate that It ItIs Itis itis Is true that there Is now and then a convict who has been shown leniency woh has abused the confidence re reposed reposed reposed re- re posed in him by again committing crime Those are the ones who are opposed to the present system pursued at the state prison One whose sentence sentence sentence sen sen- tence was commuted went to MinneI Minnesota Minnesota Minne Minne- I sota ota and there killed an officer I have never learned the particulars respecting respect respect- ing his He lie had however al almost almost al- al most served his full term of oC imprisonment imprisonment imprisonment imprison imprison- ment when he was commuted and his his' sentence was commuted as a reward for good conduct in the prison and for his faithful and long long- continued service service service ice in constructing highways In his case his sentence would of oC necessity have expired within a short time and therefore his communication could In Inno Inno inno no way have effected what resulted Another one whom we commuted went to OI Oklahoma and there as we are In Informed informed In- In formed killed his former wife What the circumstances of the crime were I have never learned His conduct while in prison was however always exemplary and his past history was not such as would indicate a criminal tendency He nevertheless went out and committed that crime and If It he had been retained it perhaps would not have occurred In addition to the foregoing foregoing foregoing fore fore- going a few have escaped from the prison Nearly all of those have ha re rei returned returned re- re i turn turned d however some voluntarily while others have been rearrested and andI I returned In view however that all aU I of them had committed some serious offense and had been branded as felons It is remarkable that so many have made good and have again taken their places among the law-abiding law members of society I am convinced that If It society at large would take more Interest In those |