III. PAROLED IN THE CUSTODY OF HIS PARENTS
As there was no official probation[42] in the children’s court of Manhattan, the judges had to rely on volunteer probation and what is known as “parole.”[43] Under the so-called parole system as it existed in connection with the Manhattan Court, no constructive effort was brought to bear on the boy beyond reproof and advice given in court and an attempt to impress him with a fear of the consequences to himself if these were disregarded. This method was used in cases deemed too serious for immediate discharge, yet not suitable for commitment to institutions. There are among our records 95 arrests where this solution was tried. The number of children concerned was 83; the number of families, 76.
The procedure in such cases took more time and consideration than when the child was simply discharged. Sometimes the “parole” was granted on the day of the first hearing without any previous investigation, but usually the child was sent to the detention rooms of the Society for the Prevention of Cruelty to Children for two or three days to await a second hearing. During this time an officer of the society made an inquiry and brought a report to the court. If the judge then decided to “parole” the culprit, he was sent home to his parents, to whom the following card was given:
“Your child ..................., paroled in your custody until ............, on which date you will report with h... at the Children’s Court, 66 Third Avenue (Corner of Eleventh Street), at 10 a. m. for further instructions from the Court.
“The disposition of the case will depend entirely upon h... conduct while so released and your supervision over h....
“The case will be re-investigated by the New York Society for the Prevention of Cruelty of Children, and a full report submitted on the date set for the return to Court.”
The date set for his next appearance was generally about a month later. Just before it arrived another inquiry was made to form the basis of a new report to the court. The officer of the society to whom the case was assigned had no responsibility for the conduct of the child during this interval. His sole task was to discover what it had been and to report it correctly. The judge glanced over the papers concerning the previous hearing, read the new report, and accordingly terminated or extended the “parole.” As a usual thing it was only two or three months before the forces of the law ceased to concern themselves with the boy, and for the time at least he passed beyond the oversight of the court. He might have to report, perhaps once, perhaps four times—very seldom more. In case of failure to do this, a bench warrant might be issued on which he would be brought in, but this happened very seldom.
A comparison of our 95 paroled cases with all the cases, 1,805 in number, under the care of the Society for the Prevention of Cruelty to Children during 1909, shows that the average period of parole was about the same for both groups. Speaking in general terms, about one-third of the children in each group were on parole a month or even less, and at the end of three months the parole was ended for all but a small proportion of the cases in both groups. The inadequacy of the one to three months’ parole is best indicated by comparing it with the usual term of commitments. The institutions have, by common consent, declared that a commitment of less than one and a half to two years is not sufficient to effect any real change in the character of the offender. There is, then, little to expect in the way of actual reformation from brief parole terms. Especially is this true so long as they are not re-enforced by any direct effort to modify the conditions of the child’s life or to influence his character and conduct.
A second defect of the parole system was the important part played in the court’s decision by the written word of the parole officer. Meager statements, even when accurate in themselves, may be as misleading as if they were false. Two reports placed in the hands of the judge may, on the face of them, be not dissimilar; but in the light of further investigation, one of the cases may prove to be far more serious than the other.
An investigation too frequently was made as follows: The parole officer secured the mother’s statement as to the boy’s conduct, hours, and associates; the testimony of the neighbors as to the character of the family; a statement from the boy’s school; and, perhaps, if he was working, a statement from his employer as to his regularity, conduct, and quality of work. The following is a typical record of such an investigation:
This record concerns Patrick Staley, a boy of twelve, living at West —— Street, “charged with disorderly conduct in that he did climb on the rear of a truck moving through said street and take and carry away merchandise, to wit: one jar, containing a quantity of mustard.”
The report of the investigation reads: “Defendant lives at the above address with his widowed mother, in a very poorly furnished home of three rooms, where they have resided the past two years. Mother of the defendant is employed as a cleaner in Public School 51 where she earns $6.00 a week. This is the only income of the family. Mrs. Staley was seen and states that her son Patrick has been very well behaved since arrested and paroled. Further states that he attends school every day at Public School 51 and that he has no bad associates that she knows of. Further states that he is never on the street at night and is well behaved in and about the house. Neighbors, all of the poorest class, state that the boy Patrick is a good boy. No school record was obtained as there is no school this week.”
With every rehearing the same ground was covered in the reinvestigation—a second interview with the mother, the neighbors, the school, and possibly the employer. In addition to the parole officer’s report, the boy was supposed to present a card signed daily by his teacher and parent. Of the full family make-up, its history, the attitude of the parents, the temper of the home, the character of the neighborhood, the boy’s individuality and interest,—in a word, of the whole vital human situation represented, nothing is to be gleaned from the curt and general phrases of hastily gathered reports. The importance, therefore, of insuring complete and thorough investigation through the employment of a trained staff of workers cannot be over-emphasized.[44]
The following record, as brief as the one quoted above, was based on a very thorough investigation by a trained worker.
This report concerns James Riley, a boy of fourteen, living in West 53rd Street, charged with creating a disturbance by “throwing missiles and knocking off a man’s hat.”
The report of the investigation reads: “Defendant resides at the above address with his parents in a fairly clean and comfortable home of four rooms. Mrs. Riley was seen and she states that her son has been very well behaved since on parole. That he has been attending school regularly and has no bad associates to her knowledge. Further states that he is never out of the house evenings. Further states that her daughter Mary practically takes care of the home and that she herself is employed in Bellevue Hospital and her husband is a longshoreman. Neighbors and janitress all speak favorably of the Riley family and state that the boy James since on parole is very well behaved in and about the premises and seems to attend school more regularly. At Public School 82 the following report was obtained: “Attendance satisfactory, conduct excellent, work fair to good.”
The two boys, the two homes, the two situations were radically different. Yet, although there may be no misstatement, the cases of the boy James and the boy Patrick appear, on the face of the reports, to be quite similar.
It does not follow from the brevity with which facts may be presented that they are the sifted truth from which the chaff of falsehood has been blown away. And yet in gathering this kind of evidence, judicious sifting is absolutely necessary. The word of the parents must be considered and is of great importance, but it cannot be taken on its face value. In a district such as ours, with its marked hostility toward the forces of the law, it would indeed be strange if a parent on the defensive would choose to give reliable evidence rather than evasive and misleading statements. And the more serious the charge, the less reliable, naturally, is the parent’s word. At best it is merely indicative of the father’s or mother’s judgment, which is often too feeble a staff to be depended upon.
For similar reasons, the testimony of neighbors is open to question. The Bransfields, who had a reputation from one end of the block to the other as being the “toughest of the tough” were nevertheless, according to court records, “favorably spoken of in the house.” Thus, also, the parents of James Burckel were set down as “to all appearances respectable. They are favorably spoken of in the house. They have lived there for the past four years.” Yet the father of James Burckel had served three terms in prison. On the other hand, really respectable parents deeply resent the stigma of having the news spread through the house that a probation officer has been inquiring about them. Evidence of this sort, unreliable as it is likely to be for the court on the one hand and mortifying to the parents on the other, should be gathered only with the greatest care and discrimination.
The school has been in the past, and must continue to be in the future, one of the most important contributors to the information of the court. Here is to be found a group of people—principal, teachers, and possibly truant officer—who are free from the personal bias of the family and who have been in daily contact with the child arraigned. This joining of forces with the school was one of the great advances made by the Society for the Prevention of Cruelty to Children in its development of the parole system. A good school record was a concrete argument in favor of the boy, while truancy and loafing were nearly certain to go hand in hand with any very serious misconduct. But in order to be useful such records need to be as full as possible. School attendance, for instance, is best reported by giving the exact number of days absent and present. Similarly, inquiry concerning his employment should include the statement of his hours of work and the exact periods of unemployment as far as this is possible.
The work record of the wage-earner corresponds in importance to the school records of the younger boy. This inquiry must be handled very carefully. The fact of a boy’s delinquency, if brought directly to his employer’s attention, may bear disproportionately hard upon him. But often the mere recital of his work history by his parents or by himself would reveal the essential facts, such as the number of shifts in employment, the speedy “throwing up” of his job, and the long waits between work.
Parents, neighbors, school, and place of work—this completes the list of sources from which, at the time of our investigation, the court drew its information. The start made with the schools had not been extended to the social and charitable agencies of the neighborhood. Yet the records of the relief societies often contained in compact form, ready to hand, facts which were vital to a full understanding of the case. In 41 of the 95 parole cases which came under our observation, the families had records in the offices of relief societies. Some of the family histories extended back fifteen or twenty years, but in none of these cases had the records been consulted by the court.
The agencies which keep less systematic records and yet come in close personal touch with handicapped families—settlements and churches—are no less valuable as sources of information. In one of the parole cases, involving a rather serious charge of burglary, the insufficient account of the home surroundings was supplemented by the apology, “As the house in which the family lived is tenanted entirely by Italians, very little information could be obtained for or against the boy.” Yet across the street was a settlement in which the boy’s history was well known and which was well qualified to sponsor plans for his improvement. No opportunity was given it to advise commitment for this lad in preference to the parole and suspension of sentence which sent him back to the streets absolutely without supervision. Thus the social worker who may have been watching a hopeless situation drag on for years without power to intervene may lose the chance to carry out a plan for the child’s welfare, and the court may fall back upon a hasty judgment in place of the social worker’s well matured program. The decision which may hang upon a slender thread of scanty information is one of no slight importance. It determines the environment of the child for several years during one of the most plastic periods of his life. The verdict of the judge will determine whether these will be spent either in his own home or in an institution.
The main test of any system which either assumes the name or takes the place of probation is its effect on the individual child. What is the consequence for the boy? Does it improve or encourage him so that he makes any effort in a new direction? This is a difficult task to accomplish, and to measure results is perhaps still more difficult. Yet a priori it is evident that with a system of parole carried on as here described permanent benefit for the individual will not result. In studying the entire history of any boy, the few months of parole seem such a minor influence in comparison with the other forces constantly working upon him, that it is impossible to assign any large share in the final outcome to the effect of such casual oversight as the court has given. Nor was insufficient supervision from this source compensated for by the volunteer probation. As far as we could discover, only 36 per cent of the paroled children on our records had been visited by volunteers. Yet this percentage was undoubtedly higher than the percentage for all cases brought into court, because we deliberately selected more than a due proportion of our cases from among those under volunteer probation.
We have traced as accurately as possible the outcome of parole in our 95 cases.[45] In 78 cases the boy was discharged or sentence was suspended when the parole period ended; in 14 cases the boy was committed to an institution during parole. There were other cases in which the boy was either rearrested and committed or rearrested and discharged after parole. In fact, our records show that this was true of about one-half of the boys. A considerable group, however, did not return to court at all before the age of sixteen. The fact that the boys of this latter group escaped being arrested again does not justify us in concluding that they were “reformed.” We therefore studied the later histories of the 83 boys concerned in the 95 cases of arrest and parole, to ascertain, as far as possible, whether the outcome was poor or satisfactory. This inquiry was conducted, and the results were considered, on the basis of boys rather than of cases. Our judgment was determined by each boy’s regularity at school or work subsequent to his parole, by the accounts of his parents as to whether he was “out from under them” or doing well, and especially as to whether he had committed any offense more serious than the mere prank, which in most of the cases had led to the original arrest. It appeared that of the boys rearrested almost all had conduct records that amply justified their being again brought into court. In less than one-third of the histories studied was the recent record so satisfactory, or the cause for complaint so slight, that reformation may be said to have taken place. That the system had a deterrent effect on some of the boys is undoubtedly true, but that it accounted for any real reformation is not very probable.