Modern Judicial Corporal Punishment: coming up with a procedure

[cascandi]

The idea has come to me to conduct a creative experiment. Let's imagine that a fictional modern country has decided to implement judicial corporal punishment for certain offences. And we are a group of government officials designing it. Let's not deviate by discussing public acceptance of such a deed and assume that it's in our absolute power to implement such punishment. In spite of this, we can discuss and collectively write terms, conditions and, eventually, the procedures that are to be followed in order to deliver the punishment. It would be interesting to edge on the side of realism. We can discuss, and later summarize it in a (sort of) official looking set of rules.

To start with, what kind of crimes will be subject to judicial corporal punishment? Will it be in addition to prison sentence, or instead of? Will the criminal be able to choose CP over a prison/jail sentence?
What is the demographics? Males only (like in modern Singapore), or adults of all genders?
What will be the implement, the part of body to be punished, and the likely range for the number of strokes?

As soon as consensus will be reached on these points, we can discuss the procedure of corporal punishment in detail.

 

[Studio2]

Judicial punishments are my favourite fantasy

I think all crimes should consider using corporal punishment. Perhaps in addition to jail time in the cases of serious crimes or a day visit type system for minor ones.

All adults over the age of 18 could receive corporal punishment. Anyone under 40 would automatically receive the sentence anyone over that would have to be assessed by a doctor to see if that sentence is suitable.

The instruments used in punishments would be the cane, leather strap, birch and cat of nine tails whip. The offender would be punished on their buttocks or back, the offender would always be punished naked.

A doctor would examine the offender before, during and after the punishment

 

[Marrick]

Both male and female punishment for all sorts of minor crimes should be carried while naked..
canning or whipping front or back.
in some cases the punishment should be carried out in public at specially arranged centres.
After public punishment the prisoners should be left exposed for a priod of time to allow total humiliation.
especially to men and women of supposedly good character and from the upper classes should be subject to this kind of punishment.

 

[elephas]

It's a great idea to develop rules for judicial corporal punishment, or even something like a more detailed code. Many stories attempt to do this, but writers tend to limit themselves to generalities.
I would suggest introducing JCP only for women, as an alternative to a prison sentence, or as an additional measure to a short prison term, from a few months to one year. Punishments can be of varying degrees of severity, but not causing serious harm to health, both closed and public. The main target area of punishment is the buttocks. It is also necessary to develop detailed rules for the so-called "welcome" and "farewell" punishments in penitentiaries.
By the way, we have a special thread for JCP stories where we can also discuss this issue.

Judicial Corporal Punishment Of Women: Stories And Novels

Let's begin this thread whith a true classic of the genre: "Nell in Bridewell" by Wilhelm Reinhard (1900), originally "Lenchen im Zuchthause". http://www87.zippyshare.com/v/lcgG365p/file.html

www.cruxforums.com

 

[Loxuru]

A bit of publicity for an old story of mine :

The Application

The state has the monopoly on violence. One of the instruments of that monopoly is penal law. One of the purposes of penal law is deterrence. But if the state delegates its powers to private institutions, then deterrence becomes big business. Big business that will turn deterrence into...

www.cruxforums.com

The setting is a dystopian near future society. Corporal punishment is imposed by a zero tolerance policy, in extremely clinical circumstances. However, the condemned go through an extremely 'clean' preparation procedure, which is both humiliating and anticipating.

Perhaps, one could get some ideas from the story.

 

[cascandi]

Thanks everyone for the input. After collating the messages in this thread, and also putting my own thinking into this, I came up with the following:

- All adults (18 years old or over) are eligible for judicial punishment, without regard to their age or gender, subject to the medical assessment prior to the punishment
- Most of jail and prison sentences will involve one or more judicial punishment sessions
- Minor offences are carrying judicial punishment only (without prison term). Such punishment will be delivered on "day visit" principle. Failure to show for a punishment is in itself a crime, and will carry an increase of length/severity of judicial punishment and/or a jail term.
- For simplicity, two modes of judicial punishment are approved: whipping with a leather whip on a bare back, caning on bare buttocks with a rattan cane.
- Three types of severity are available for both modes of punishment: light, medium, heavy, and will influence the choice of the size of whipping/caning implement
- Number of strokes is to be assigned by the judge, based on severity of the crime, according to approved brackets.

For example, a punishment for breaching Immigration Law, such as visa overstaying, will be 10-15 strokes of light whip. For repeated offender, medium whip is to be used, and number of strokes may be increased up to 30.
A first-time DUI offender will be met with 5-10 strokes of medium cane on the bare buttocks. It will be upgraded up to 20 strokes and/or heavy cane and/or jail time for repeat offender, or for a first time offender who has caused serious injury and/or property damage.

Number of strokes and severity of punishment may be decreased by a medical professional who performs assessment of the subject, based on their state of health and medical history. A jail sentence may be given for any applied 'punishment credit'. Alternatively, the punishment will be postponed to a later date, if the subject's health is expected to improve. In a very exceptional case, the whole punishment may be replaced by a jail sentence due to severe illness of a subject.

 

[cascandi]

Location

I have been contemplating on this for a while. Despite my initial excitement about public punishment, it does not, unfortunately pass the realism check: I can hardly imagine it happening in the modern world. So I lean towards the punishment in private.

Judicial punishment will be delivered in the purposely-built facility, that will have:
- Holding cells
- Medical examination room
- Judicial punishment chambers
- Recovery cells

A jail/prison yard may serve as a substitute for a judicial punishment chamber, as long as it is equipped with restraining apparatus and meets the temperature requirement below.

Ambient temperature in the judicial punishment wing/facility must not exceed 15 degrees C (60 degrees F). Lower temperatures are required as a mean of suppressing the punishment subjects and maximizing the effect of the punishment.

 

[cascandi]

High level process of judicial punishment.

The punishment of a subject will always involve the following steps (for both imprisoned and "day visit" subjects):
1. Booking. During this step, the identity of the subject will be verified, and court-assigned punishment will be confirmed.
2. Unclothing. Without regards to severity of assigned punishment, every subject will be required to remove footwear, all clothing, jewelry and other man-made items from their body after the booking. The subject is to remain absolutely nude throughout the rest of the procedure, until Step 9. There are no exemptions to this rule.
3. Search. The body of a subject will be visually inspected. This includes all body cavities.
4. Holding. The subject will be placed into a holding cell (equipped with a basic bed) to expect their turn for medical examination and punishment. The holding time should not exceed 12 hours. If it is exceeded, subject is to be released from the process and re-booked for the punishment on a different day. One toilet visit is allowed during the holding time. The subject should be cuffed and shackled throughout their wait time. No items that may be used to cover subjects' body, such as the blanket or clothing, should be available in a pre-punishment holding cell.
5. Medical examination. Subjects' available medical history will be examined, and subjects' health will be evaluated. Examination of heart, lungs, measurement of vital signs will be taken. The sentence may be reduced based on medical personnel's opinion on the health state of the subject. Upon completion, subject is returned to holding until their allotted punishment slot.
6. Restraints. The subject will be delivered to the allocated place of punishment, where the restraining apparatus is available. The subject will be given a mandatory toilet visit before restraining.
- For whipping on the bare back: the subject is to be secured standing vertically against the frame, with limbs secured: arms stretched up and to the sides, legs spread to shoulders' width
- For caning on the bare buttocks: the subject is to be leaned over the trestle, with upper body at 45 degree angle and arms straight, wrists together, legs spread wide. A screen is to be applied to protect lower back and genital area.
In both cases, it is specifically required that the whole body (front and back) of a subject is accessible to the medical personnel assisting with the punishment.
7. Punishment. A prescribed number of strokes will be delivered over the designated area of subject's body in the increments of 5. A 15-minute break and a brief medical assessment will be given after every increment and upon completion of the punishment.
8. Recovery. A subject is to be taken to a recovery cell and placed on the bed, where the medical personnel will monitor their state of health attend to their injuries (if applicable). The dressing will be applied over the punished area. A sheet is allowed to be used to partially cover the subject, however no clothing is allowed. The recovery cell is to be equipped by a toilet and sink facilities. The food and drink are to be supplied to a subject. Normal holding time in recovery room is 24 hours, however it may be increased by discretion of medical personnel.
9. Release. The subject will be returned their clothing, allowed to dress and the papers will be prepared for their further jail transfer, or release.


Any comments/feedback on the above are very welcome I'd love it to be a collaborate process of refining and further detailing this process.

 

[cascandi]

Some open questions that I have for discussion:
1. Nudity requirement. Isn't it too harsh on the subject that she/he will be required to stay fully nude and exposed to cold for a prolonged period of time?
2. Will there be a segregation by gender - e.g. male and female judicial punishment wings, as subjects will obviously meet others while naked
3. Will males be punished by males, females punished by females, or there will be no concern? Or will the officers delivering the punishment be of same gender (all male or all female) to have strokes delivered with the same force?
4. Who will be required to be present during punishment? Obviously, the caning/whipping officer, the doctor, someone from judicial system, such as court representative? I imagine some sort of official panel attending every punishment.

 

[Gibbs505]

Some open questions that I have for discussion:
1. Nudity requirement. Isn't it too harsh on the subject that she/he will be required to stay fully nude and exposed to cold for a prolonged period of time?
2. Will there be a segregation by gender - e.g. male and female judicial punishment wings, as subjects will obviously meet others while naked
3. Will males be punished by males, females punished by females, or there will be no concern? Or will the officers delivering the punishment be of same gender (all male or all female) to have strokes delivered with the same force?
4. Who will be required to be present during punishment? Obviously, the caning/whipping officer, the doctor, someone from judicial system, such as court representative? I imagine some sort of official panel attending every punishment.

And will the punishment be delivered live, on television?

 

[elephas]

Some open questions that I have for discussion:
1. Nudity requirement. Isn't it too harsh on the subject that she/he will be required to stay fully nude and exposed to cold for a prolonged period of time?
2. Will there be a segregation by gender - e.g. male and female judicial punishment wings, as subjects will obviously meet others while naked
3. Will males be punished by males, females punished by females, or there will be no concern? Or will the officers delivering the punishment be of same gender (all male or all female) to have strokes delivered with the same force?
4. Who will be required to be present during punishment? Obviously, the caning/whipping officer, the doctor, someone from judicial system, such as court representative? I imagine some sort of official panel attending every punishment.

I will briefly express my vision on four points, which were formulated by Cascandi.
1. In my opinion, the requirement of complete nudity and stay at a relatively low temperature is superfluous, in this matter should show humanism.
2. Gender segregation is absolutely essential. I have already expressed the point of view above that corporal punishment as a judicual measure should only apply to the female sex. I imagine a conservative society of the future dominated by men, where the position of women is subordinate, but the attitude towards them is respectful. The use of corporal punishment only against women is a kind of leniency, as this way the majority of female accused can be spared from imprisonment.
3. In my opinion, being an executor of corporal punishment is not a job for women. Therefore, it is desirable that only men be the punishment officers.
4. All named officials must be present during punishment. A small group of spectators is also possible, for example, as in the story "Framed for Drugs - Innocence Defiled!" by Praefectus Praetorio.
And one more suggestion: as a traditionalist, I propose to include the good old birch and strap among the official instruments of punishment.

 

[KelvinB]

Love how this thread is going.

 

[Nobbes25]

@elephas, you do the best, thank you!

 

[geolier]

Some open questions that I have for discussion:
1. Nudity requirement. Isn't it too harsh on the subject that she/he will be required to stay fully nude and exposed to cold for a prolonged period of time?
2. Will there be a segregation by gender - e.g. male and female judicial punishment wings, as subjects will obviously meet others while naked
3. Will males be punished by males, females punished by females, or there will be no concern? Or will the officers delivering the punishment be of same gender (all male or all female) to have strokes delivered with the same force?
4. Who will be required to be present during punishment? Obviously, the caning/whipping officer, the doctor, someone from judicial system, such as court representative? I imagine some sort of official panel attending every punishment.

@ 1 No! Nuditiy is a must
@ 2 No!
@ 3 No! Females punished by males and vice versa is fully ok. But females punished by females could be exciting.
@ 4 Yes, some officials are ok. But also (paying ?) guests are welcome, adding to the humiliation of the delinquent.

 

[Eulalia]

Minor offences are carrying judicial punishment only (without prison term). Such punishment will be delivered on "day visit" principle. Failure to show for a punishment is in itself a crime, and will carry an increase of length/severity of judicial punishment and/or a jail term.

I like the idea of a 'day visit' for relatively minor offences. In some ways more scary than being held in a prison. I've been sentenced, but don't know when I'll be called for the Punishment to be carried out. After some weeks, an official letter arrives instructing me to report to the Punishment Centre at an early time, say 7.00 am. Advised to wear only light, loose-fitting clothing. No jewellery, phone, watch etc. Bring a towel, nothing else. I'll be required to undress completely. There will be other convicts, male and female, in the unsegregated changing/ waiting room. The guards and medical inspectors may be male or female, but for me, as a female, the flagellators (2 of them) will be male. There will be a medical inspector and a Ministry of Justice inspector in attendance while I am being whipped. There is a public viewing gallery. I will receive basic medical care after the punishment; when I'm no longer bleeding, I'll be allowed to take a shower, then my clothes will be returned, I shall dress and make my own way home by public transport.

 

[Marrick]

I would pay to view punishments ,as a member of the public,

 

[Loxuru]

I like the idea of a 'day visit' for relatively minor offences. In some ways more scary than being held in a prison. I've been sentenced, but don't know when I'll be called for the Punishment to be carried out. After some weeks, an official letter arrives instructing me to report to the Punishment Centre at an early time, say 7.00 am. Advised to wear only light, loose-fitting clothing. No jewellery, phone, watch etc. Bring a towel, nothing else. I'll be required to undress completely. There will be other convicts, male and female, in the unsegregated changing/ waiting room. The guards and medical inspectors may be male or female, but for me, as a female, the flagellators (2 of them) will be male. There will be a medical inspector and a Ministry of Justice inspector in attendance while I am being whipped. There is a public viewing gallery. I will receive basic medical care after the punishment; when I'm no longer bleeding, I'll be allowed to take a shower, then my clothes will be returned, I shall dress and make my own way home by public transport.

I like that idea too!
Punishment also takes place in one, unsegregated space, the convicts tied to their post on a row, awaiting the execution of their sentence, one by one.

 

[Barbaria1]

There is a public viewing gallery.

I like the day visit idea as well, but in addition to the public viewing gallery perhaps a special viewing gallery for family and friends, attendance mandatory. My shame and punishment ordeal is not only public but also before those who know me well and who each may react differently, ranging the gamut from pity and revulsion to snide “she had it coming” approval. And being together they can share their conflicting views.

 

[Marrick]

The more respectable and older those to be punished the greater the humiliation.
I imagine the idea of a vicars wife or a titled lady in their 50s being taken out to a public platform , stripped and then the application of their sentence in front of an invited audience of friends and family.
then left exposed to public ridicule for the time required

 

[Loxuru]

I like the day visit idea as well, but in addition to the public viewing gallery perhaps a special viewing gallery for family and friends, attendance mandatory. My shame and punishment ordeal is not only public but also before those who know me well and who each may react differently, ranging the gamut from pity and revulsion to snide “she had it coming” approval. And being together they can share their conflicting views.

That grumpy uncle and aunt from Arkansas will make the trip and attend your sentence with pleasure!

There is a cafetaria, where onlookers can take a drink, something to eat, and watch all day the punishments!

If there was a plaintiff party involved, theey will certainly be invited to watch, and get a free drink!