ABSTRACT

The indeterminate sentence was as it is now, regarded by many penologists and outside reformers as integral to the task of reforming the lawbreaker. The idea is to remove the sentencing power from a possibly prejudiced and vindictive trial judge and place it in the hands of skilled experts in human behavior. Inevitably, a politically appointed lay board such as the Adult Authority is bound to be influenced by changing public attitudes toward crime. As adopted unanimously by the 1870 Congress, the resolution on the indeterminate sentence reads: “Peremptory sentences ought to be replaced by those of indeterminate duration; sentences limited only by satisfactory proof of reformation should be substituted for those measured by mere lapse of time. That the indeterminate sentence would inevitably result in longer prison terms was a prospect envisaged by the 1870 Prison Congress.