What Should Be the Form of the Indeterminate Sentence and What Should Be the Provisions as to Maximum and Minimum Terms, If Any?

Abstract

Thirty-seven of the states have statutory provision for the indeterminate sentence in some form, but there is a considerable diversity in these statutory provisions. In four of the states the form of the sentence is indeterminate as to the term of imprisonment, no term being named, but the statutes provide in substance that the sentence shall be taken as being for an indefinite period not less than the minimum nor more than the maximum term fixed by statute for the offense of which the prisoner has been convicted. This is also true in some other states as to sentences to a reformatory for first or young offenders, but not as to sentences to the penitentiary. In Pennsylvania, for instance, sentences to the Pennsylvania Industrial Reformatory are indefinite in form. Ohio was in this class until the last legislature provided that the court must name a minimum which cannot be less than