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Problems of Conduct by Durant Drake
page 363 of 453 (80%)
insanity only by impartial, state-hired alienists-these are some of
the reforms that ethical considerations suggest.[Footnote: Cf. W. H.
Taft, Four Aspects of Civic Duty, II. Outlook, vol. 92, p. 359; vol.
98, p. 884.]

(3) The ends to be borne in mind in the treatment of the
convicted Criminal are four: First, reparation to the injured party
must be demanded of him, so far as money will constitute reparation;
if he has not the money, his future work must go for its accumulation,
so far as that is compatible with the support of his infant children.
Secondly, he must be punished severely enough to serve as a warning
to other potential offenders and, so far as they are amenable to such
fears, deter them from similar crimes. Capital punishment for the worst
crimes is shown deterrent than confinement; whether the danger of
executing an innocent man is grave enough to offset this public gain
is an open question.[Footnote: See A. J. Palm, The Death Penalty.]
Thirdly, he must be prevented from doing any more harm; this means
confinement just so long as expert criminologists deem him dangerous,
whether not at all (unless to deter others) or for life. The old system
of giving a fixed sentence is wholly unjustifiable; some are thereby
kept imprisoned when there is every reason to believe them capable
of living honorably and serving the community as free men, others are
let loose, after a term, more dangerous to the community than ever.
The habitual criminal, who alternates between periods of crime and
periods of imprisonment, should be an unknown phenomenon. The judge
should be obliged to pronounce an indeterminate sentence, and leave
it to the expert prison officials to decide if, or when, it is safe
to release the prisoner on parole. Experience has already shown that
few mistakes are made (where prison management is kept out of machine
politics); and as the released prisoner is under surveillance, and
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