''
It is only of late years, in consequence of the reaction
against short terms of imprisonment, that the principle of
segregation for unfixed periods has been developed and accepted by
various writers, in spite of the feeble objections of Tallack,
Wahlberg, Lamezan, von Jagemann, &c.
Apart, also, from theoretical discussion, this principle has been
applied in a significant manner in the United States, by means of
the ``indeterminate sentence.'' The House of Correction at Elmira
(New York) for young criminals carries into effect, with special
regulations of physical and moral hygiene, the indeterminate
imprisonment of young prisoners; and this principle, approved by
the Prison Congresses at Atlanta (1887), Buffalo (1888), and
Nashville (1889), has been applied also in the New York prisons,
and in the States of Massachusetts, Pennsylvania, Minnesota, and
Ohio.
M. Liszt proposes that the indeterminate character of punishment
should be only relative, that is to say, limited between a minimum
and a maximum, these being laid down in the sentence of the judge.
Special commissions for supervising the administration of
punishment, consisting of the Governor of the prison, the Public
Prosecutor, the judge who heard the case, and two members
nominated by Government (instead of the court which passed
sentence, as proposed by Villert and Van Hamel), should decide on
the actual duration of the punishment, after having examined the
convict and his record.
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