Corporal Punishment in the Judicial System - Research Paper Example

? Corporal punishment in the judicial system: Physical abuse or discipline? Corporal punishment is a kind of physical punishment that is inflicted on a criminal on order by the court of law. It is used for the purpose of inflicting pain on the body as retribution for his criminal activities. Corporal punishment is given in place of holding the criminal in prison and depriving him of his freedom. In case of rigorous imprisonment, there is the potential of physical discomfort and the prisoner can be subjected to violence like rape by other inmates. In case of corporal punishment, severe pain is deliberately caused with actions like whipping or flogging. In former times, corporal punishment fell under the jurisdiction of capital punishment, although in modern times law requires that a prisoner must not be subjected to unnecessary pain and suffering through torture during execution (Paul, 2004, p.1). This paper focuses on the debate surrounding the issue of judicial corporal punishment as to whether it is a form of physical abuse or a way to instill discipline in the minds of criminals and finally concludes against corporal punishment in USA. Corporal punishment in various countries Saudi Arabia In the backward and repressive country like Saudi Arabia, corporal punishment is a routine order given by lower courts to be applied on criminals. The flogging includes hundreds and often thousands of lashes which are inflicted on the body of the criminal in installments. The court can order flogging on both men and women. Although, in general cases the flogging is executed without involving the press as witness, still occasionally flogging is done in full public view. In Saudi Arabia, the prisoner also faces a term of imprisonment even after corporal punishment. This country is known for disregarding the rule of law, and as such there are no formal instructions on the procedure of flogging. Generally a whip, leather strap or long cane is used for whipping on the buttocks. Unlike many other countries, the prisoner keeps all his clothes on at the time of flogging (Farrell, n.d.). In Saudi Arabia, there is absolute freedom on the practice of corporal punishment even on foreigners who break the local law. The native country of the foreigner will have no right to place formal complaint because it will indicate that Saudi Arabia has broken the international law and that does not happen in this case. There was a time that the severity of corporal punishment on foreigners was a ground of complaint by the native country, but this reason is not valid in modern times (James, 1986, p.55). South Africa The judicial corporal punishment is widely used in South Africa. Under the British colonial administration, corporal punishment was used for grave criminal activities. In the 1950s and 1960s, it became a compulsory kind of punishment to be imposed on adult men who were involved in various kinds of crimes. It was also used in a milder form on male criminals who were under the age of 21. One interesting fact that can be observed is that during the harsh and authoritarian regime in the apartheid era, the judicial law hesitated to impose corporal punishment on criminals and the law was amended in many occasions. In South Africa there were characteristic differences between corporal punishment on adults and on juveniles. One difference was the size of canes used on adults and juveniles. In case of juveniles, corporal punishment was almost an everyday affair and was executed on the day it was ordered by the police. It was not followed by imprisonment as it was used to keep the young offenders out of prison (Farrell, n.d.). During the post-apartheid period in South Africa, there were many movements to prohibit corporal punishment on children. In 2007, all kinds of corporal punishment were completely prohibited even in home and in schools. During the declaration of corporal punishment on children as unconstitutional, the leading judge made a statement that juvenile whipping is “cruel, inhuman and degrading” (Durrant & Smith, 2010, p.74). Singapore According to the law in Singapore, there are guidelines on using the cane for corporal punishment. It is to be used both on adults and on children depending on the severity of the criminal activities. Under Singapore law, the cane that is used for a juvenile offender is lighter than that used for an adult offender. In Singapore, the law prohibits the imposition of corporal punishment on women and girls. Apart from using caning on criminals as part of their punishments, it is also used in prisons to maintain discipline. In Singapore, corporal punishment is used on juveniles for drug and alcohol consumption which is regarded as a serious form of crime. The court of law determines the number of strokes to be hit on the offender according to drug classification. A person who is involved in illegal trafficking of drugs like “opium, morphine, cocaine or cannabis” may receive as low as two strokes or as high as fifteen strokes. Caning can be used on drug offenders as a substitute of imprisonment or they may face long-term imprisonment in addition to the caning. The severity of the punishment depends upon the class of drug. People who consistently use drugs like cannabis and are sent to the rehabilitation centers for more than two times, are regarded as criminals. Anyone breaking the drug law for three consecutive times can face both caning and long-term imprisonment. The Constitution of Singapore states that “torture or cruel, inhumane and degrading treatment or punishment is not illegal” (Iakobishvili, 2011, pp.17-18). In Singapore, corporal punishment is inflicted on men for both serious and non-violent crimes like “illegal entry and vandalism”. It is a compulsory punishment for some kinds of offences. Clothes are removed from the body of the prisoner before the caning is done inside the prison. The severity of the canings attracts criticisms from many human welfare organizations (Farrell, 2008). Brunei Darussalam Corporal punishment is an accepted form of punishment in this small and wealthy Islamic country. Any person who gets involved in fights and seriously injures another person can be punished by caning followed by a long term in prison. Corporal punishment is also used on rapists who violate minors and in such cases they are inflicted with a minimum of 12 strokes with the cane. Corporal punishment has also been incorporated in immigration laws. Immigrant workers who overstay their visa limit and illegal immigrants who try to find jobs in the country are punished with strokes of the cane. (Brunei, 2005) Corporal punishment is used on persons involved in illegal drug trafficking and the number of strokes vary with the kind of drug. Drug offenders also face imprisonment in addition to corporal punishment. Brunei criminal law specifies the weight of the cane to be used on adults and children. Whipping with canes is not allowed for criminals who have been sentenced to death or has crossed the age of 50. Corporal punishment also cannot be used on women offenders. The court of law can impose a maximum of 24 strokes for any criminal activity. The whipping is done under the supervision of a doctor who can stop the whipping if the health of the prisoner deteriorates. In such case, the court has the right to cancel the punishment or change it to imprisonment (Iakobishvili, 2011, p.27). Arguments on corporal punishment Inflicting physical pain for any reason is a barbaric act and is a reminder of the era of slavery and despotic rulers. With the use of corporal punishment, criminals are deprived of their human rights. The symbol of a civilised society is that the law makers must show better behaviour than criminals. Imprisonment is a better and more civilised option because it is a method of prevention of crime and rehabilitation of criminals, but prisoners should not be treated with cruelty in the name of justice. In many countries, there are random creations of law which promote physical abuse of prisoners. In Singapore, people are caned even for minor offences like “transport of fireworks or a third road traffic offence”. Every country that practices corporal punishment as a way of dealing with criminals, cannot exhibit a responsibility that will not be criticised by human welfare organisations. There are many other ways of punishing the criminals in prison to make them realize the crime they have done. They can be put into solitary confinement or their period of sentence can be extended. In many cases, the prisoner is deprived of his privileges as a form of punishment. Societies with moral awareness and social consciousness need less severe form of punishments than societies without. In USA, there is high rate of criminal activities and this is not because there is no corporal punishment, but because there is a lack of “behavioral norm”. Crime rates in USA and UK were high even those times during the past when judicial corporal punishment was practiced in those countries (Jones, 2009). Corporal punishment on juvenile offenders is degradable because they also have an inherent sense of dignity which is violated by whipping or caning. In case of juvenile corporal punishment, both the offender and the person who punishes feel the same loss of dignity. Young people are by nature sensitive and have less rationality than adults and so such punishments can instill revengeful thoughts in their minds (Lauterpacht, 1996, p.97). Corporal punishment in USA In America, criminals who committed violent offences, long-term imprisonment was the only punishment that was deemed as proper. However, not every inmate in the prisons of America was punished for violent criminal activities. Corporal punishment was considered as an improper and barbaric form of punishment that was used as an alternative for imprisonment because deliberate inflictions of physical torture takes human beings back to the era of slavery and tyrannical kings or rulers (Will, 1996). In the 19th century, corporal punishment was a legal form of punishing the inmates of the prison in Rhode Island. This is because the practice of solitary confinement was abolished and there was an urgent need of a method of punishment that would stimulate greater fear in the minds of the criminals. In general, mild discipline and order was maintained in the prison of Rhode Island. The convicts were supplied with writing materials which encouraged them to remain engaged in reading and writing in their free time. This kept the prisoners from getting involved in unnecessary brawls and arguments. Corporal punishment was allowed by inspectors only when inmates showed signs of “insubordination and vicious obstinacy”, but even though it was sanctioned, physical punishments was seldom executed. Inmates who were most difficult to control and did not follow the disciplinary methods were those who were transferred from other prisons. Corporal punishment was also practiced in other places in America like Maine, Windsor and Vermont, but in these places the form of the punishment was mild and infrequent (Dix, 1845, pp.23, 51). Corporal punishment has now become extinct in America because of the shame that is associated with the severe kind of physical pain that is caused by such punishment. People of civilised society now believe that even the most ingenious form of physical torture cannot always reform the criminals as this kind of torture will further instill violence in their minds and they will return to their criminal ways once they are released from prison. It has been observed that some convicts repay the “smallest acts of kindness with the sincerest gratitude” (Ingersoll, 1891). Conclusion Judicial corporal punishment is a cruel and degrading kind of punishment imposed on criminals. International human rights laws strongly oppose this kind of violent treatment of prisoners and demand for abolition of such punishments all over the world. In spite of this, many countries, especially the Muslim countries retain corporal punishment in their criminal laws. It is the responsibility of the law makers to be sensitive to the effect that whipping or flogging has on criminals. In this modern civilised world, it is necessary for modifications of old rules and practices to protect human rights. References Brunei, (February 28, 2005), U.S. Department of State, retrieved on March 19, 2012 from: http://www.state.gov/j/drl/rls/hrrpt/2004/41636.htm Dix, D.L. (1845), Remarks on prisons and prison discipline in the United States. Boston: Munroe & Francis Durrant, J.E. & A.B. Smith (2010), Global pathways to abolishing physical punishment: realizing children's rights. New York: Taylor & Francis Farrell, C. (October, 2008) Judicial Caning in Singapore, Malaysia and Brunei, corpun, retrieved on March 19, 2012 from: http://www.corpun.com/singfeat.htm Farrell, C. (n.d.) Judicial Corporal punishment in South Africa, corpun, retrieved on March 19, 2012 from: http://www.corpun.com/jcorporal punishmentza1.htm Farrell, C. (n.d.) Saudi Arabia: Judicial Corporal Punishment, corpun, retrieved on March 19, 2012 from: http://www.corpun.com/counsaj.htm Iakobishvili, E. (2011) Inflicting Harm: Judicial Corporal punishment for drug and alcohol offences in selected countries, countthecosts, retrieved on March 19, 2012 from: http://www.countthecosts.org/sites/default/files/Inflicting_Harm.pdf Ingersoll, R.G. (1891) Is corporal punishment degrading? Infidels, retrieved on March 19, 2012 from: http://www.infidels.org/library/historical/robert_ingersoll/ corporal_punishment.html James, A. (1986). Sovereign statehood: the basis of international society. UK: Taylor & Francis Jones, E. (August 23, 2009) Corporal punishment for Adults, idebate, retrieved on March 19, 2012 from: http://www.idebate.org/debatabase/topic_details.php?topicID=109 Lauterpacht, E. (1996). International law reports: Vol 103. Britain: Cambridge University Press Paul, L. (2004) Corporal punishment, PJP, retrieved on March 19, 2012 from: http://paulsjusticepage.com/cjethics/5-penology/CorporalPunishment.pdf Will, G.F. (February, 1996), The Sting of Shame, corpun, retrieved on March 19, 2012 from: http://www.corpun.com/usju9602.htm Read More