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Judicial corporal punishment

March 04, 2024

Judicial corporal punishment is the infliction of corporal punishment as a result of a sentence imposed on an offender by a court of law, including flagellation (also called flogging or whipping), forced amputations, caning, bastinado, birching, or strapping. Legal corporal punishment is forbidden in most countries, but it still is a form of legal punishment practiced according to the legislations of Brunei,[1] Iran,[1] Libya,[1] the Maldives,[1] Malaysia,[1] Saudi Arabia,[1] Singapore,[1] the United Arab Emirates,[2][1] Yemen,[1] and Qatar,[1] as well as parts of Indonesia (Aceh province)[1] and Nigeria (northern states).[1]

Corporal punishment in Afghanistan in early 2000s

Countries where judicial corporal punishment is used edit

 
Birching of Anabaptist martyr Ursula, Maastricht, 1570; engraving by Jan Luyken from Martyrs Mirror[3]

Singapore's use of caning as a form of judicial corporal punishment became much discussed around the world in 1994[4] when a United States citizen, Michael Fay, was caned for vandalism.[5] Two of Singapore's neighbouring countries, Malaysia and Brunei, also use judicial caning.

Other former British colonies which currently have judicial caning on their statute books include Barbados,[6] Botswana,[7] Brunei,[8] Swaziland,[9] Tonga,[10] Trinidad and Tobago,[11] and Zimbabwe.[12]

Many Muslim-majority territories, including the United Arab Emirates, Saudi Arabia, Qatar, Iran,[13] northern Nigeria,[14] Yemen,[15] and Indonesia's Aceh Province,[16] employ judicial whipping, caning and amputations for a range of offences.

Full list of countries edit

 
  Countries with judicial corporal punishment

A list of countries that use lawful, official judicial corporal punishment today is as follows:

  1.   Afghanistan.[17][18][19] See Judicial corporal punishment in Afghanistan
  2.   Antigua and Barbuda (flogging)[20][21]
  3.   Bahamas (men – cat on bare back; boys – cane on bare buttocks; in private)[22][23]
  4.   Barbados (boys only – details unclear)[6]
  5.   Botswana (males aged 14 to 40 – cane on bare buttocks; in private)[24][25]
  6.   Brunei (men and boys – cane on bare buttocks; in private)[8][26][27] See Caning in Brunei.
  7.   Dominica (boys under 16 – details unclear)[28]
  8.   Ecuador (men and women – traditional indigenous justice)[29]
  9.   Indonesia, Aceh Special Region only (men and women – cane on clothed back; details unclear)[16][30]
  10.   Iran (men, women, boys, girls – whip or strap, no target specified; public or private);[13] "eye for an eye" punishments are also legal.[31]
  11.   Lesotho (men and boys – details unclear)[32]
  12.   Malaysia (Criminal law: men – cane on bare buttocks; in private, male juveniles - cane on clothed buttocks with a light cane; in courtroom).[33] See Caning in Malaysia. *(Sharia law, Muslims only: men and women – cane on clothed back; in private)[34][35]
  13.   Maldives (men and women – details unclear)[36]
  14.   Nigeria (men, women – cane on clothed buttocks or whip on bare back; in public or private.)[14][37][38][39]
  15.   Pakistan (men and boys – cane or strap on clothed buttocks; public or private)[40]
  16.   Qatar (men and women – details unclear; in private)[41]
  17.   Saudi Arabia: Saudi Arabia has corporal punishment, including forced amputations and flogging, including for child offenders.[42]
  18.   Saint Kitts and Nevis (boys and men – details unclear)[43][44]
  19.   Sierra Leone (boys only – cane or birch on bare buttocks)[45]
  20.   Singapore (men and boys – cane on bare buttocks; in private). See Caning in Singapore.
  21.   Somalia (men and women – cane on clothed buttocks)[46]
  22.   Swaziland (boys only – cane on bare buttocks)[9]
  23.   Tanzania (men and boys – cane on bare buttocks; in private)[47]
  24.   Tonga (men – cat on bare buttocks; boys – birch or cat on bare buttocks)[10]
  25.   Trinidad and Tobago (men only – cat on bare back or birch on bare buttocks; in private)[48]
  26.   Tuvalu (details unclear)[49]
  27.   United Arab Emirates – Legal punishments in the United Arab Emirates include forced amputations and flogging;[50][51][52] "eye for an eye" punishments are also legal.
  28.   Yemen (details unclear)[15]

The above list does not include countries where a "blind eye" is sometimes turned to unofficial JCP by local tribes, authorities, etc. including Bangladesh,[53] India and Colombia.[54]

History by country edit

Egypt edit

The Ancient Egyptians practised rhinectomy, punishing some offenders by cutting off their noses. Such criminals were often exiled to locations in Sinai, such as Tjaru and Rhinocorura.

Netherlands edit

In 1854, all forms of JCP were abolished in the Netherlands with the exception of whipping. Whipping was later abolished in 1870.

In the Wetboek van Strafrecht, article 9, this kind of punishment is not listed as primary or secondary punishment. Mainly because of human rights and/or human dignity, corporal punishment has been abolished.

South Africa edit

The Constitutional Court decided in 1995 in the case of S v Williams and Others that caning of juveniles was unconstitutional. Although the ruling in S v Williams was limited to the corporal punishment of males under the age of 21, Justice Langa mentioned in dicta that there was a consensus that corporal punishment of adults was also unconstitutional.[55]

The Abolition of Corporal Punishment Act, 1997 abolished judicial corporal punishment.[56][57]

United Kingdom edit

In the United Kingdom, judicial corporal punishment generally was abolished in 1948;[58] however, it persisted in prisons as a punishment for prisoners committing serious assaults on prison staff (ordered by visiting justices) until it was abolished by section 65 of the Criminal Justice Act 1967.[59] The last ever prison flogging happened in 1962.[60][61]

Jersey, Guernsey and Isle of Man edit

The last birching sentence in Jersey was carried out in 1966. Birching was abandoned as a policy in 1969 but lingered on the statute books. Obsolete references to corporal punishment were removed from remaining statutes by the Criminal Justice (Miscellaneous Provisions) (No. 2) (Jersey) Law 2007.[62]

The last birching sentence in Guernsey was carried out in 1968. The Corporal Punishment (Guernsey) Law, 1957 was finally repealed by the Criminal Justice (Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2006.[63]

Judicial birching was abolished in the Isle of Man in 1993 following the 1978 judgment in Tyrer v. UK by the European Court of Human Rights.[64] The last birching had taken place in January 1976; the last caning, of a 13-year-old boy convicted of robbing another child of 10p, was the last recorded juvenile case in May 1971.[65]

United States edit

 
Judicial corporal punishment in a women's prison, USA (ca. 1890)

American colonies judicially punished in a variety of forms, including whipping, stocks, the pillory and the ducking stool.[66] In the 17th and 18th centuries, whipping posts were considered indispensable in American and English towns.[67] Starting in 1776, George Washington strongly advocated and utilised judicial corporal punishment in the Continental Army, with due process protection, obtaining in 1776 authority from the Continental Congress to impose 100 lashes, more than the previous limit of 39.[68] In his 1778 Bill for Proportioning Crimes and Punishments, Thomas Jefferson provided up to 15 lashes for individuals pretending to witchcraft or prophecy, at the jury's discretion; castration for men guilty of rape, polygamy or sodomy, and a minimum half-inch hole bored in the nose cartilage of women convicted of those sex crimes.[69] In 1781, Washington requested legal authority from the Continental Congress to impose up to 500 lashes, as there was still a punishment gap between 100 lashes and the death penalty.[70] The Founders believed whipping and other forms of corporal punishment effectively promoted pro-social and discouraged anti-social behavior. Two later presidents, Abraham Lincoln and Theodore Roosevelt, advocated judicial corporal punishment as punishment for wife-beating.[71]

In the United States, judicial flogging was last used in 1952 in Delaware when a wife-beater got 20 lashes. In Delaware, the criminal code permitted floggings until 1972.[72][73][74] One of the major objections to judicial corporal punishment in the United States was that it was unpleasant to administer.[citation needed]

Other countries edit

Judicial corporal punishment was removed from the statute book in Canada in 1972,[75] in India in 1955,[76] in New Zealand in 1941,[77] and in Australia at various times in the 20th century according to state.[78]

It has been abolished in recent decades in Hong Kong,[79] Jamaica,[80] Kenya,[81] Sri Lanka,[citation needed] and Zambia.[82]

Other countries that were neither former British territories nor Islamic states that have used JCP in the more distant past include China,[83] Germany,[84] South Korea,[85] Sweden[86] and Vietnam.[87]

See also edit

References edit

  1. ^ a b c d e f g h i j k l "Judicial corporal punishment for Drug Offences". Harm Reduction International. Retrieved 7 January 2024.
  2. ^ "United Arab Emirates | Global Initiative to End All Corporal Punishment of Children". Retrieved 7 January 2024.
  3. ^ "Ursel (d. 1570)". GAMEO. 10 January 2018. Retrieved 16 June 2019.
  4. ^ "What US columnists say about Fay's caning". The Straits Times. Singapore. 8 April 1994. from the original on 20 September 2010. Retrieved 24 September 2010.
  5. ^ Wallis, Charles P. (4 March 1994). "Ohio Youth to be Flogged in Singapore". Los Angeles Times. Retrieved 24 September 2010.
  6. ^ a b . GITEACPOC. February 2009. Archived from the original on 16 September 2020. Retrieved 24 September 2010.
  7. ^ Nomsa, Ndlovu (11 May 2006). "A village choking under crime". Mmegi. Gaborone. Retrieved 24 September 2010.
  8. ^ a b "Brunei Country Reports on Human Rights Practices 2004". Country Reports on Human Rights Practices. Bureau of Democracy, Human Rights, and Labor, US Department of State.
  9. ^ a b Report 2007 for Swaziland 24 June 2009 at the Wayback Machine, Amnesty USA.
  10. ^ a b "Laws of Tonga, Chapter 18". Retrieved 16 December 2016.
  11. ^ Swamber, Keino (1 June 2006). "Twelve strokes for sex with girl, 12". Trinidad Express. Port of Spain.
  12. ^ "Boy to receive 2 cane strokes". Sunday Mail. Harare. 21 May 2006.
  13. ^ a b Iran Country Reports on Human Rights Practices 2004, US Department of State.
  14. ^ a b Finkel, David (24 November 2002). "Crime and Holy Punishment: In Divided Nigeria, Search for Justice Leads Many to Embrace Islamic Code". The Washington Post.
  15. ^ a b Yemen State Report 20 November 2008 at the Wayback Machine, GITEACPOC, June 2007.
  16. ^ a b "Aceh gamblers caned in public". BBC News. London. 24 June 2005. Archived from the original on 23 December 2012.
  17. ^ "Afghan charity workers receive lashing, set free". Jakarta Post. Reuters. 8 April 1997.
  18. ^ "Reporters on the Job: Sharia but No Sword". Christian Science Monitor. Boston. 21 February 2006.
  19. ^ "Journalist Mortaza Behboudi back in France after 284 days in Taliban jails". Mediapart. 21 October 2023. from the original on 21 October 2023. Retrieved 22 October 2023.
  20. ^ Antigua State Report 25 July 2008 at the Wayback Machine, GITEACPOC, February 2009.
  21. ^ Weston, Tahna (15 February 2007). "Court orders 12 lashes for juvenile offenders". Antigua Sun.
  22. ^ Criminal Law (Measures) Act 1991 2 June 2009 at the Wayback Machine, The Bahamas Laws On-line.
  23. ^ Bahamas Country Reports on Human Rights Practices 2006, US Department of State.
  24. ^ Botswana State Report 3 October 2008 at the Wayback Machine, GITEACPOC, February 2008.
  25. ^ Botswana Country Reports on Human Rights Practices 2004, US Department of State.
  26. ^ Mahathir, Helena M.; Kon, James (19 May 2005). "Anti-drugs campaign held in Tutong". Borneo Bulletin. Bandar Seri Begawan.
  27. ^ Brunei State Report 27 May 2010 at the Wayback Machine, GITEACPOC, February 2009.
  28. ^ Dominica State Report 3 October 2008 at the Wayback Machine, GITEACPOC, February 2009.
  29. ^ Dra. Mariana Yumbay (21 June 2007). "El ejercicio de la administración de justicia indígena en el Ecuador" (in Spanish). Llacta. Retrieved 24 September 2010.
  30. ^ "Indonesia's Aceh to Take Caning Indoors after backlash". The Associated Press. 13 April 2018. Retrieved 21 August 2023.
  31. ^ Dehghan, Saeed Kamali (5 March 2015). "Eye for an eye: Iran blinds acid attacker". The Guardian. London. Retrieved 23 January 2020.
  32. ^ Lesotho State Report 27 May 2010 at the Wayback Machine, GITEACPOC, June 2007.
  33. ^ Pudu Prison exhibition, Kuala Lumpur, 1998.
  34. ^ Damis, Aniza (27 June 2005). "The pain is in the shame". New Straits Times. Kuala Lumpur.
  35. ^ "Religious corporal punishment in Malaysia", World Corporal Punishment Research.
  36. ^ Evans, Judith (1 June 2008). "Lashings Punishment Resumes". Minivan News. Malé.
  37. ^ Hamid, Ruhi. "Video clips from 'Inside a Sharia Court'", This World, BBC Two, London, 1 October 2007.
  38. ^ . GITEACPOC. April 2014. Archived from the original on 23 December 2014.
  39. ^ "Nigeria: Judicial CP". World Corporal Punishment Research. November 2014.
  40. ^ "Pakistan: Judicial corporal punishment by flogging". World Corporal Punishment Research. Retrieved 30 May 2009.
  41. ^ . GITEACPOC. Archived from the original on 3 October 2008.
  42. ^ "Saudi Arabia | Global Initiative to End All Corporal Punishment of Children". Retrieved 7 January 2024.
  43. ^ St Kitts & Nevis State Report 20 August 2008 at the Wayback Machine, GITEACPOC, February 2009.
  44. ^ Smithen, Corliss (21 February 2006). "Convicted men get strokes, jail sentence". Sun St Kitts. Basseterre.
  45. ^ Sierra Leone State Report 27 May 2010 at the Wayback Machine, GITEACPOC, June 2008.
  46. ^ Somalia Country Reports on Human Rights Practices 2006, US Department of State.
  47. ^ . GITEACPOC. March 2010. Archived from the original on 9 September 2010. Retrieved 24 September 2010.
  48. ^ Heeralal, Darryl (4 June 2005). "Jail, strokes for 'dirty old man'". Trinidad Express. Port of Spain.
  49. ^ Tuvalu Country Reports on Human Rights Practices 2001, US Department of State.
  50. ^ "United Arab Emirates – Country Reports on Human Rights Practices". Retrieved 27 October 2015. In February an Indonesian woman convicted of adultery by the Shari'a court in the Emirate of Fujairah, was sentenced to death by stoning after she purportedly insisted on such punishment. The sentence was commuted on appeal to 1 year in prison, followed by deportation. In June 1998, the Shari'a court in Fujairah sentenced three Omani nationals convicted of robbery to have their right hands amputated. The Fujairah prosecutor's office instead commuted the sentence to a term of imprisonment.
  51. ^ "Burglar's hand to be amputated". gulfnews.com. 30 December 2004. Retrieved 3 November 2021.
  52. ^ Awad Mustafa (25 April 2007). "Out With The Lash". Xpress. Dubai.
  53. ^ "2005 Country Reports on Human Rights Practices, Bangladesh". U.S. Department of State. 8 March 2006.
  54. ^ "Colombia – Lawfulness of corporal punishment". GITEACPOC. June 2007. Retrieved 24 September 2010.
  55. ^ S v Williams and Others [1995] ZACC 6 at para. 10, 1995 (3) SA 632, 1995 (7) BCLR 861 (9 June 1995), Constitutional Court (South Africa)
  56. ^ "Section 13: The abolition of JCP". Judicial Corporal Punishment in South Africa. World Corporal Punishment Research. 2005. Retrieved 1 November 2011.
  57. ^ (PDF). Archived from the original (PDF) on 7 October 2011. Retrieved 12 April 2009.
  58. ^ "Power to order flogging: Abolition approved in Committee". The Times. London. 12 December 1947.
  59. ^ "Criminal Justice Act 1967: Section 65", legislation.gov.uk, The National Archives, 27 July 1967, 1967 c. 80 (s. 65), retrieved 6 February 2021
  60. ^ "Criminal justice policy". The National Archives. Retrieved 16 December 2016.
  61. ^ "Judicial and prison flogging and whipping in Britain". World Corporal Punishment Research. Retrieved 16 December 2016.
  62. ^ "Criminal Justice (Miscellaneous Provisions) (No. 2) (Jersey) Law 2007". Retrieved 8 January 2013.
  63. ^ "Criminal Justice (Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2006". Retrieved 8 January 2013.
  64. ^ "Isle of Man to scrap birch at a stroke". The Guardian. London. 6 March 1993.
  65. ^ "Birching in the Isle of Man 1945 to 1976". World Corporal Punishment Research. March 2018. Retrieved 11 November 2019.
  66. ^ Herbert Arnold Falk, CORPORAL PUNISHMENT – A SOCIAL INTERPRETATION OF ITS THEORY AND PRACTICE IN THE SCHOOLS OF THE UNITED STATES, 22–33 (1941).
  67. ^ Falk, id., 31.
  68. ^ Journals of the Continental Congress, Articles of War – 20 September 1776, Section XVIII – Art. 3: "No person shall be sentenced to suffer death, except in the cases expressly mentioned in the foregoing articles; nor shall more than one hundred lashes be inflicted on any offender, at the discretion of a court-martial." Articles of War – 30 June 1775, Art. 51 limited JCP to 39 lashes. EUGENE D. GENOVESE, ROLL, JORDAN, ROLL – THE WORLD THE SLAVES MADE 308 (1974).
  69. ^ Jefferson, Thomas. "A Bill for Proportioning Crimes and Punishments §14 (castration; cartilage), §15 (maiming), §24 (witchcraft) (1778)". press-pubs.uchicago.edu.
  70. ^ Geo. Washington to President of Continental Congress, 3 February 1781 available at memory.loc.gov.
  71. ^ J.D. Gleissner, "Prison Overcrowding Cure: Judicial Corporal Punishment of Adults[dead link]," Vol. 49, Issue No. 4, The Criminal Law Bulletin, (c) Thomson-Reuters/Westlaw(2013).
  72. ^ "Collecting Delaware Books – Red Hannah – Delaware's Whipping Post". Retrieved 16 December 2016.
  73. ^ "An Ancient Punishment – The Whipping Post Last Used in Cecil in 1940". 2 August 2008. Retrieved 16 December 2016.
  74. ^ "The Milwaukee Journal – Mar 3, 1964".
  75. ^ "The Canadian Prison Strap", World Corporal Punishment Research.
  76. ^ Garg, Rachit (19 December 2022). "Corporal punishment". iPleaders. Retrieved 15 August 2023.
  77. ^ , November 1999 Newsletter, EPOCH New Zealand.
  78. ^ "Australia: Judicial CP", World Corporal Punishment Research.
  79. ^ Thomas, Hedley (22 April 1994). "Patten may appeal for clemency on sentence". South China Morning Post. Hong Kong.
  80. ^ "Jamaican court abolishes flogging". CNN. 18 December 1998. Afterwards, in 2000, the UN Human Rights Committee found in case Osbourne v. Jamaica 24 July 2011 at the Wayback Machine, concerning a whipping conducted in 1997, that corporal punishment constituted 'cruel, inhuman and degrading treatment or punishment contrary to article 7 of ICCPR' (Para. 9.1). A similar conclusion was reached in 2002 in case Higginson v. Jamaica No. 792/1998 12 October 2012 at the Wayback Machine.
  81. ^ Bowry, Pravin (16 September 2003). "Changes in criminal law significant". Daily Nation. Nairobi.
  82. ^ "Parliament supports repeal of corporal punishment". Lusaka. Zana (Zambia News Agency). 13 November 2003.
  83. ^ Xing Bao (9 October 2003). "Citizen Cane". Shanghai Star.
  84. ^ "Judicial and Prison Flogging in Eighteenth- and Nineteenth-century Germany", World Corporal Punishment Research.
  85. ^ "Old photographs of judicial floggings in Korea". World Corporal Punishment Research. Retrieved 30 May 2009.
  86. ^ . The Early History of Data Networks. Retrieved 30 May 2009.
  87. ^ "La loi de l'époque". Les images d'autrefois du Vietnam. Retrieved 30 May 2009.

March 04, 2024
judicial, corporal, punishment, this, article, multiple, issues, please, help, improve, discuss, these, issues, talk, page, learn, when, remove, these, template, messages, examples, perspective, this, article, include, significant, viewpoints, please, improve,. This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages The examples and perspective in this article may not include all significant viewpoints Please improve the article or discuss the issue August 2012 Learn how and when to remove this template message This article s factual accuracy may be compromised due to out of date information Please help update this article to reflect recent events or newly available information January 2018 Learn how and when to remove this template message Judicial corporal punishment is the infliction of corporal punishment as a result of a sentence imposed on an offender by a court of law including flagellation also called flogging or whipping forced amputations caning bastinado birching or strapping Legal corporal punishment is forbidden in most countries but it still is a form of legal punishment practiced according to the legislations of Brunei 1 Iran 1 Libya 1 the Maldives 1 Malaysia 1 Saudi Arabia 1 Singapore 1 the United Arab Emirates 2 1 Yemen 1 and Qatar 1 as well as parts of Indonesia Aceh province 1 and Nigeria northern states 1 Corporal punishment in Afghanistan in early 2000sContents 1 Countries where judicial corporal punishment is used 1 1 Full list of countries 2 History by country 2 1 Egypt 2 2 Netherlands 2 3 South Africa 2 4 United Kingdom 2 5 Jersey Guernsey and Isle of Man 2 6 United States 2 7 Other countries 3 See also 4 ReferencesCountries where judicial corporal punishment is used edit nbsp Birching of Anabaptist martyr Ursula Maastricht 1570 engraving by Jan Luyken from Martyrs Mirror 3 Singapore s use of caning as a form of judicial corporal punishment became much discussed around the world in 1994 4 when a United States citizen Michael Fay was caned for vandalism 5 Two of Singapore s neighbouring countries Malaysia and Brunei also use judicial caning Other former British colonies which currently have judicial caning on their statute books include Barbados 6 Botswana 7 Brunei 8 Swaziland 9 Tonga 10 Trinidad and Tobago 11 and Zimbabwe 12 Many Muslim majority territories including the United Arab Emirates Saudi Arabia Qatar Iran 13 northern Nigeria 14 Yemen 15 and Indonesia s Aceh Province 16 employ judicial whipping caning and amputations for a range of offences Full list of countries edit nbsp Countries with judicial corporal punishmentA list of countries that use lawful official judicial corporal punishment today is as follows nbsp Afghanistan 17 18 19 See Judicial corporal punishment in Afghanistan nbsp Antigua and Barbuda flogging 20 21 nbsp Bahamas men cat on bare back boys cane on bare buttocks in private 22 23 nbsp Barbados boys only details unclear 6 nbsp Botswana males aged 14 to 40 cane on bare buttocks in private 24 25 nbsp Brunei men and boys cane on bare buttocks in private 8 26 27 See Caning in Brunei nbsp Dominica boys under 16 details unclear 28 nbsp Ecuador men and women traditional indigenous justice 29 nbsp Indonesia Aceh Special Region only men and women cane on clothed back details unclear 16 30 nbsp Iran men women boys girls whip or strap no target specified public or private 13 eye for an eye punishments are also legal 31 nbsp Lesotho men and boys details unclear 32 nbsp Malaysia Criminal law men cane on bare buttocks in private male juveniles cane on clothed buttocks with a light cane in courtroom 33 See Caning in Malaysia Sharia law Muslims only men and women cane on clothed back in private 34 35 nbsp Maldives men and women details unclear 36 nbsp Nigeria men women cane on clothed buttocks or whip on bare back in public or private 14 37 38 39 nbsp Pakistan men and boys cane or strap on clothed buttocks public or private 40 nbsp Qatar men and women details unclear in private 41 nbsp Saudi Arabia Saudi Arabia has corporal punishment including forced amputations and flogging including for child offenders 42 nbsp Saint Kitts and Nevis boys and men details unclear 43 44 nbsp Sierra Leone boys only cane or birch on bare buttocks 45 nbsp Singapore men and boys cane on bare buttocks in private See Caning in Singapore nbsp Somalia men and women cane on clothed buttocks 46 nbsp Swaziland boys only cane on bare buttocks 9 nbsp Tanzania men and boys cane on bare buttocks in private 47 nbsp Tonga men cat on bare buttocks boys birch or cat on bare buttocks 10 nbsp Trinidad and Tobago men only cat on bare back or birch on bare buttocks in private 48 nbsp Tuvalu details unclear 49 nbsp United Arab Emirates Legal punishments in the United Arab Emirates include forced amputations and flogging 50 51 52 eye for an eye punishments are also legal nbsp Yemen details unclear 15 The above list does not include countries where a blind eye is sometimes turned to unofficial JCP by local tribes authorities etc including Bangladesh 53 India and Colombia 54 History by country editEgypt edit The Ancient Egyptians practised rhinectomy punishing some offenders by cutting off their noses Such criminals were often exiled to locations in Sinai such as Tjaru and Rhinocorura Netherlands edit In 1854 all forms of JCP were abolished in the Netherlands with the exception of whipping Whipping was later abolished in 1870 In the Wetboek van Strafrecht article 9 this kind of punishment is not listed as primary or secondary punishment Mainly because of human rights and or human dignity corporal punishment has been abolished South Africa edit The Constitutional Court decided in 1995 in the case of S v Williams and Others that caning of juveniles was unconstitutional Although the ruling in S v Williams was limited to the corporal punishment of males under the age of 21 Justice Langa mentioned in dicta that there was a consensus that corporal punishment of adults was also unconstitutional 55 The Abolition of Corporal Punishment Act 1997 abolished judicial corporal punishment 56 57 United Kingdom edit In the United Kingdom judicial corporal punishment generally was abolished in 1948 58 however it persisted in prisons as a punishment for prisoners committing serious assaults on prison staff ordered by visiting justices until it was abolished by section 65 of the Criminal Justice Act 1967 59 The last ever prison flogging happened in 1962 60 61 Jersey Guernsey and Isle of Man edit The last birching sentence in Jersey was carried out in 1966 Birching was abandoned as a policy in 1969 but lingered on the statute books Obsolete references to corporal punishment were removed from remaining statutes by the Criminal Justice Miscellaneous Provisions No 2 Jersey Law 2007 62 The last birching sentence in Guernsey was carried out in 1968 The Corporal Punishment Guernsey Law 1957 was finally repealed by the Criminal Justice Miscellaneous Provisions Bailiwick of Guernsey Law 2006 63 Judicial birching was abolished in the Isle of Man in 1993 following the 1978 judgment in Tyrer v UK by the European Court of Human Rights 64 The last birching had taken place in January 1976 the last caning of a 13 year old boy convicted of robbing another child of 10p was the last recorded juvenile case in May 1971 65 United States edit nbsp Judicial corporal punishment in a women s prison USA ca 1890 American colonies judicially punished in a variety of forms including whipping stocks the pillory and the ducking stool 66 In the 17th and 18th centuries whipping posts were considered indispensable in American and English towns 67 Starting in 1776 George Washington strongly advocated and utilised judicial corporal punishment in the Continental Army with due process protection obtaining in 1776 authority from the Continental Congress to impose 100 lashes more than the previous limit of 39 68 In his 1778 Bill for Proportioning Crimes and Punishments Thomas Jefferson provided up to 15 lashes for individuals pretending to witchcraft or prophecy at the jury s discretion castration for men guilty of rape polygamy or sodomy and a minimum half inch hole bored in the nose cartilage of women convicted of those sex crimes 69 In 1781 Washington requested legal authority from the Continental Congress to impose up to 500 lashes as there was still a punishment gap between 100 lashes and the death penalty 70 The Founders believed whipping and other forms of corporal punishment effectively promoted pro social and discouraged anti social behavior Two later presidents Abraham Lincoln and Theodore Roosevelt advocated judicial corporal punishment as punishment for wife beating 71 In the United States judicial flogging was last used in 1952 in Delaware when a wife beater got 20 lashes In Delaware the criminal code permitted floggings until 1972 72 73 74 One of the major objections to judicial corporal punishment in the United States was that it was unpleasant to administer citation needed Other countries edit Judicial corporal punishment was removed from the statute book in Canada in 1972 75 in India in 1955 76 in New Zealand in 1941 77 and in Australia at various times in the 20th century according to state 78 It has been abolished in recent decades in Hong Kong 79 Jamaica 80 Kenya 81 Sri Lanka citation needed and Zambia 82 Other countries that were neither former British territories nor Islamic states that have used JCP in the more distant past include China 83 Germany 84 South Korea 85 Sweden 86 and Vietnam 87 See also editPeter Moskos American criminologist who has advocated judicial flogging Police brutalityReferences edit a b c d e f g h i j k l Judicial corporal punishment for Drug Offences Harm Reduction International Retrieved 7 January 2024 United Arab Emirates Global Initiative to End All Corporal Punishment of Children Retrieved 7 January 2024 Ursel d 1570 GAMEO 10 January 2018 Retrieved 16 June 2019 What US columnists say about Fay s caning The Straits Times Singapore 8 April 1994 Archived from the original on 20 September 2010 Retrieved 24 September 2010 Wallis Charles P 4 March 1994 Ohio Youth to be Flogged in Singapore Los Angeles Times Retrieved 24 September 2010 a b Barbados Current legality of corporal punishment GITEACPOC February 2009 Archived from the original on 16 September 2020 Retrieved 24 September 2010 Nomsa Ndlovu 11 May 2006 A village choking under crime Mmegi Gaborone Retrieved 24 September 2010 a b Brunei Country Reports on Human Rights Practices 2004 Country Reports on Human Rights Practices Bureau of Democracy Human Rights and Labor US Department of State a b Report 2007 for Swaziland Archived 24 June 2009 at the Wayback Machine Amnesty USA a b Laws of Tonga Chapter 18 Retrieved 16 December 2016 Swamber Keino 1 June 2006 Twelve strokes for sex with girl 12 Trinidad Express Port of Spain Boy to receive 2 cane strokes Sunday Mail Harare 21 May 2006 a b Iran Country Reports on Human Rights Practices 2004 US Department of State a b Finkel David 24 November 2002 Crime and Holy Punishment In Divided Nigeria Search for Justice Leads Many to Embrace Islamic Code The Washington Post a b Yemen State Report Archived 20 November 2008 at the Wayback Machine GITEACPOC June 2007 a b Aceh gamblers caned in public BBC News London 24 June 2005 Archived from the original on 23 December 2012 Afghan charity workers receive lashing set free Jakarta Post Reuters 8 April 1997 Reporters on the Job Sharia but No Sword Christian Science Monitor Boston 21 February 2006 Journalist Mortaza Behboudi back in France after 284 days in Taliban jails Mediapart 21 October 2023 Archived from the original on 21 October 2023 Retrieved 22 October 2023 Antigua State Report Archived 25 July 2008 at the Wayback Machine GITEACPOC February 2009 Weston Tahna 15 February 2007 Court orders 12 lashes for juvenile offenders Antigua Sun Criminal Law Measures Act 1991 Archived 2 June 2009 at the Wayback Machine The Bahamas Laws On line Bahamas Country Reports on Human Rights Practices 2006 US Department of State Botswana State Report Archived 3 October 2008 at the Wayback Machine GITEACPOC February 2008 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Department of State United Republic of Tanzania Current legality of corporal punishment GITEACPOC March 2010 Archived from the original on 9 September 2010 Retrieved 24 September 2010 Heeralal Darryl 4 June 2005 Jail strokes for dirty old man Trinidad Express Port of Spain Tuvalu Country Reports on Human Rights Practices 2001 US Department of State United Arab Emirates Country Reports on Human Rights Practices Retrieved 27 October 2015 In February an Indonesian woman convicted of adultery by the Shari a court in the Emirate of Fujairah was sentenced to death by stoning after she purportedly insisted on such punishment The sentence was commuted on appeal to 1 year in prison followed by deportation In June 1998 the Shari a court in Fujairah sentenced three Omani nationals convicted of robbery to have their right hands amputated The Fujairah prosecutor s office instead commuted the sentence to a term of imprisonment Burglar s hand to be amputated gulfnews com 30 December 2004 Retrieved 3 November 2021 Awad Mustafa 25 April 2007 Out With The Lash Xpress Dubai 2005 Country Reports on Human Rights Practices Bangladesh U S Department of State 8 March 2006 Colombia Lawfulness of corporal punishment GITEACPOC June 2007 Retrieved 24 September 2010 S v Williams and Others 1995 ZACC 6 at para 10 1995 3 SA 632 1995 7 BCLR 861 9 June 1995 Constitutional Court South Africa Section 13 The abolition of JCP Judicial Corporal Punishment in South Africa World Corporal Punishment Research 2005 Retrieved 1 November 2011 Abolition of Corporal Punishment Act 1997 PDF Archived from the original PDF on 7 October 2011 Retrieved 12 April 2009 Power to order flogging Abolition approved in Committee The Times London 12 December 1947 Criminal Justice Act 1967 Section 65 legislation gov uk The National Archives 27 July 1967 1967 c 80 s 65 retrieved 6 February 2021 Criminal justice policy The National Archives Retrieved 16 December 2016 Judicial and prison flogging and whipping in Britain World Corporal Punishment Research Retrieved 16 December 2016 Criminal Justice Miscellaneous Provisions No 2 Jersey Law 2007 Retrieved 8 January 2013 Criminal Justice Miscellaneous Provisions Bailiwick of Guernsey Law 2006 Retrieved 8 January 2013 Isle of Man to scrap birch at a stroke The Guardian London 6 March 1993 Birching in the Isle of Man 1945 to 1976 World Corporal Punishment Research March 2018 Retrieved 11 November 2019 Herbert Arnold Falk CORPORAL PUNISHMENT A SOCIAL INTERPRETATION OF ITS THEORY AND PRACTICE IN THE SCHOOLS OF THE UNITED STATES 22 33 1941 Falk id 31 Journals of the Continental Congress Articles of War 20 September 1776 Section XVIII Art 3 No person shall be sentenced to suffer death except in the cases expressly mentioned in the foregoing articles nor shall more than one hundred lashes be inflicted on any offender at the discretion of a court martial Articles of War 30 June 1775 Art 51 limited JCP to 39 lashes EUGENE D GENOVESE ROLL JORDAN ROLL THE WORLD THE SLAVES MADE 308 1974 Jefferson Thomas A Bill for Proportioning Crimes and Punishments 14 castration cartilage 15 maiming 24 witchcraft 1778 press pubs uchicago edu Geo Washington to President of Continental Congress 3 February 1781 available at memory loc gov J D Gleissner Prison Overcrowding Cure Judicial Corporal Punishment of Adults dead link Vol 49 Issue No 4 The Criminal Law Bulletin c Thomson Reuters Westlaw 2013 Collecting Delaware Books Red Hannah Delaware s Whipping Post Retrieved 16 December 2016 An Ancient Punishment The Whipping Post Last Used in Cecil in 1940 2 August 2008 Retrieved 16 December 2016 The Milwaukee Journal Mar 3 1964 The Canadian Prison Strap World Corporal Punishment Research Garg Rachit 19 December 2022 Corporal punishment iPleaders Retrieved 15 August 2023 The Fall and Fall of Corporal Punishment November 1999 Newsletter EPOCH New Zealand Australia Judicial CP World Corporal Punishment Research Thomas Hedley 22 April 1994 Patten may appeal for clemency on sentence South China Morning Post Hong Kong Jamaican court abolishes flogging CNN 18 December 1998 Afterwards in 2000 the UN Human Rights Committee found in case Osbourne v Jamaica Archived 24 July 2011 at the Wayback Machine concerning a whipping conducted in 1997 that corporal punishment constituted cruel inhuman and degrading treatment or punishment contrary to article 7 of ICCPR Para 9 1 A similar conclusion was reached in 2002 in case Higginson v Jamaica No 792 1998 Archived 12 October 2012 at the Wayback Machine Bowry Pravin 16 September 2003 Changes in criminal law significant Daily Nation Nairobi Parliament supports repeal of corporal punishment Lusaka Zana Zambia News Agency 13 November 2003 Xing Bao 9 October 2003 Citizen Cane Shanghai Star Judicial and Prison Flogging in Eighteenth and Nineteenth century Germany World Corporal Punishment Research Old photographs of judicial floggings in Korea World Corporal Punishment Research Retrieved 30 May 2009 Penal Code 1809 The Early History of Data Networks Retrieved 30 May 2009 La loi de l epoque Les images d autrefois du Vietnam Retrieved 30 May 2009 Retrieved from https en wikipedia org w index php title Judicial corporal punishment amp oldid 1209779114, wikipedia, wiki, book, books, library,

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