Added: Halley Cude - Date: 06.01.2022 04:18 - Views: 38270 - Clicks: 9433
But almost immediately, there was a backlash of Americans asking: If severe corporal punishment helps to maintain public order in Singapore, would it not be good policy here? Singapore canings are brutal. The just caning of blood is considerable and often in shock. Corporal punishment is not necessary to achieve public order, even in Singapore. Other countries do not employ corporal punishment, yet their streets are relatively free of random violence.
From antiquity to the present, law scholars have generally agreed that to be just, the punishment should be proportionate in severity to the crime. How many of us would consider the brutal flogging of a teen-ager as a just desert for vandalizing property? The Singapore authorities do not disagree. The caning may be overly harsh, they acknowledge, but it will, they say, deter other youths tempted to commit crimes against property.
The evidence for this assumption is sparse and unclear. Ina British Home Office research group the Cadogan Committee undertook a study of 3, cases of violent robbery, virtually the only offense where corporal punishment was still being just caning in Britain. The researchers found that robbers who were flogged were slightly more likely to be again convicted of robbery with violence than those who were not flogged.
Yet the study is inconclusive. The difference between the two groups was not statistically just caning. Besides, those who were flogged might have repeated their offenses not because they were flogged, but because the authorities lashed only those who were perceived to be the most violent and most likely to repeat their crimes. Corporal punishment, the advocates would contend, is a deterrent only if it is adequately severe. That brings us to this question: Assuming that our Constitution was amended to allow corporal punishment, were we to start down that road, how would we know where to stop?
Historically, corporal punishment has included burning, branding, blinding, mutilation and amputation. In some countries, people sentenced to death were drawn and quartered, that is, partly strangled and, while still alive, disemboweled and torn apart. If we abandon the just-desert principle, how far down the road of pain does the quest for deterrence carry us? And if we permit corporal punishment to be judicially determined, how will we control its administration in our correctional institutions?
Another factor to consider: Our prisons are disproportionately occupied by members of minority groups. Inthe United States had the highest incarceration rate in the world, perPredictably, those who will be beaten and branded and mutilated in this new American justice system will be disproportionately young, male and black and possibly Latino. Finally, corporal punishment advocates might argue that beating and mutilation are cheaper than imprisonment. Not necessarily. It would depend on whether caning is the sole mandated punishment or an add-on.
Note that Michael Fay was fined and sentenced to four months of jail time in addition to the caning. The same offenses committed here might have earned Fay, as a first offender, a day jail sentence, a fine and several hundred hours of community just caning, in the form of street and car cleaning, as a condition of probation. All Sections. About Us. B2B Publishing.
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British ex-public schoolboy, 31, left with horrific injuries after being caned in Singapore