AH Challenge: public floggings in the USA
- Thread starter Straha
- Start date
Straha said:
In point of fact, public flogging WAS a common punishment for criminals in the USA, regardless of race, in the 18th and early 19th centuries, especially in small towns which did not want to have the expense of maintaining a local jail. It was also commonly used in prisons.
I think Delaware still has flogging as a legal punishment, but it's never used (sort of like those "no chaining alligators to fire hydrants" laws).
Perhaps reduce the counterculture movement somewhat and public flogging stays ("law and order"). Or no income tax, which means the feds don't have the largesse to give to the states, which means the money never trickles down to the local-local level and flogging is thus more economical than prison.
Perhaps reduce the counterculture movement somewhat and public flogging stays ("law and order"). Or no income tax, which means the feds don't have the largesse to give to the states, which means the money never trickles down to the local-local level and flogging is thus more economical than prison.
Random Unicorn
Banned
Constitutional / Supreme Court Problem
This may be more difficult then first appears with out unleashing NUMEROUS side effects.
Considering that to be consistent with The Supreme Court rulings of the last 40 years they would surly rule this to be a violation of the 8th amendment "Cruel and unusual Punishment". I see little chance of flogging being upheld by the court without many of the other rulings that have so influenced our current society also going differently. Most notably
Furman v. Georgia 1972 (Death Penalty ruling.)
and possibly
Mapp v. Ohio, 1961 (Exclusion of Evidence)
and
Miranda v. Arizona, 1966
and numerous other lesser known cases.
I think the question becomes more of a what if the supreme court was more conservative.
Random Unicorn
This may be more difficult then first appears with out unleashing NUMEROUS side effects.
Considering that to be consistent with The Supreme Court rulings of the last 40 years they would surly rule this to be a violation of the 8th amendment "Cruel and unusual Punishment". I see little chance of flogging being upheld by the court without many of the other rulings that have so influenced our current society also going differently. Most notably
Furman v. Georgia 1972 (Death Penalty ruling.)
and possibly
Mapp v. Ohio, 1961 (Exclusion of Evidence)
and
Miranda v. Arizona, 1966
and numerous other lesser known cases.
I think the question becomes more of a what if the supreme court was more conservative.
Random Unicorn
From what I've read, the last public flogging in Delaware was in the early 50s, and that it wasn't that uncommon a punishment prior to that. But apparently the aim of the punishment was humiliation, rather than severe pain, so the floggings weren't that heavy, eg only left light marks on the back, even after say 30 or 40 lashes. Kinda like the modern day Islamic public floggings (the flogger has to hold a Koran under his arm), rather than the savage Singapore style beatings.
Prison floggings in southern US continued well into the 20th Century, often well after the punishment was offically outlawed. Not surprisingly, black prisoners were much more likely to be whipped than white prisoners.
Prison floggings in southern US continued well into the 20th Century, often well after the punishment was offically outlawed. Not surprisingly, black prisoners were much more likely to be whipped than white prisoners.
Funny, isn't it?zoomar said:
Granddaddy Robert had some very acue (and nasty) insights
The basis for punishment should be to maximise the learning curve (breaking the rules does not pay). So you could make a case that public flogging, uniting the pain incentive and the public humiliation, would be optimal.Straha said:
It would have to be a completely different society, however. The politically correct people and assorted bleeding hearts would strenually oppose such measures.
