Beaten Back

Introduction

In this article, we consider briefly whether incarceration or public judicial corporal punishment offers a more humane treatment of criminal offenders. Though the idea of public caning, or some alternative of the practice, stirs a visceral reaction in many, we should note the practice is rooted both in Scripture and world history. I base some of my arguments of writing by John Dewar Gleissner. A link to an article he’s written on why judicial corporal punishment was eliminated is at the bottom.

Crime & Punishment

Crime is rising, causing law-abiding citizens to feel besieged. With this rise in crime, many wonder how to address it. Some suggest building a detention facility that will cost roughly $60,000 per inmate per year. Is that the best idea? America incarcerates more of its population than any other nation. Is it working to deter crime?

Incarceration is necessary for some, but I will suggest an alternative that is more humane, better economically, better socially, and rooted in Scripture. That alternative is judicial corporal punishment (JCP). This alternative is to sentence perpetrators of certain crimes to some form of caning under judicial and medical supervision.

To maintain a civil society, governments have instituted many different forms of corporal punishment, including: caning, scourging, flogging, the stocks, etc. Although this conjures images of slavery, corporal punishment by the civil magistrate is as old as humanity. Jesus was found guilty of crimes against the state and scourged. British sailors in the 19th Century reported very few required a second dose of discipline.

Humane Treatment: Incarceration or JCP?

JCP is a more humane punishment than incarceration. How could that be? Because JCP is inflicted and over within moments. In Singapore, padding protects the organs while the backside is covered with a thin cloth as discipline is administered. The pain lingers, but the criminal is not required to languish in a cell for years.

Secondly, JCP is better economically. Incarcerated men and women can no longer work and earn an income. Instead, they drain billions of dollars per year from the state. A man convicted of drug possession or petty theft could instead be punished immediately after a guilty verdict and returned to his labor.

Thirdly, JCP is better socially. Every year, churches around the country put up Angel Trees to collect gifts for the children of inmates. These inmates are removed from their families and communities. Instead, we confine them with like-minded criminals. That’s rehabilitation, you say?

Scripture and JCP

Finally, JCP has the support of Scripture. For certain crimes, God commanded Israel to discipline a guilty man by causing “him to lie down and be beaten in (the judge’s) presence with a number of stripes in proportion to his offense” (Deuteronomy 25:1-3, Exodus 21:20-21). The limit was 40 stripes.

The Book of Proverbs has many references to the use of the rod of discipline against foolish men: “On the lips of him who has understanding, wisdom is found, but a rod is for the back of him who lacks sense” (Proverbs 10:13), “Condemnation is ready for scoffers, and beating for the backs of fools” (Proverbs 19:29), “A whip for the horse, a bridle for the donkey, and a rod for the back of fools” (Proverbs 26:3). There are many more.

Conclusion

Judicial corporal punishment against US citizens was outlawed in the mid-20th Century. I suggest to you this was a mistake that should be reversed. Do we demonstrate more concern for the rights of criminals than their victims?

The story goes that Abraham Lincoln, pre-presidency, with some friends, apprehended a man in Springfield, Illinois, who was known for beating his wife. They held the man down while his wife beat him with a tree branch. Reportedly, the man never beat his wife again. He learned his lesson. In short, the state must be ready to provide the rod when parents refuse to do so (Proverbs 29:15).

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Why Was Judicial Corporal Punishment Abolished? – by John Dewar Gleissner