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Singapore's use ofcaning 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 andBrunei, also use judicial caning.
Malaysia (Criminal law: men – cane on bare buttocks; in private, male juveniles - cane on clothed buttocks with a light cane; in courtroom).[33] SeeCaning in Malaysia. *(Sharia law, Muslims only: men and women – cane on clothed back; in private)[34][35]
The above list does not include countries where a "blind eye" is sometimes turned to unofficial JCP by local tribes, authorities, etc. includingBangladesh[53] andColombia.[54]
In 1854, all forms of JCP were abolished in theNetherlands with the exception of whipping. Whipping was later abolished in 1870.
In theWetboek 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.
TheConstitutional Court decided in 1995 in the case ofS v Williams and Others that caning of juveniles was unconstitutional. Although the ruling inS v Williams was limited to the corporal punishment of males under the age of 21, JusticeLanga mentioned indicta that there was a consensus that corporal punishment of adults was also unconstitutional.[55]
In theUnited 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 byvisiting justices) until it was abolished by section 65 of theCriminal Justice Act 1967.[59] The last ever prison flogging happened in 1962.[60][61]
The last birching sentence inJersey 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 theCriminal Justice (Miscellaneous Provisions) (No. 2) (Jersey) Law 2007.[62]
The last birching sentence in Guernsey was carried out in 1968. TheCorporal Punishment (Guernsey) Law, 1957 was finally repealed by theCriminal Justice (Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2006.[63]
Judicialbirching was abolished in theIsle of Man in 1993 following the 1978 judgment inTyrer v. UK by theEuropean Court of Human Rights.[64] The last birching had taken place in January 1976; the lastcaning, of a 13-year-old boy convicted of robbing another child of 10p, was the last recorded juvenile case in May 1971.[65]
Judicial corporal punishment in a women's prison, USA (ca. 1890)
American colonies judicially punished in a variety of forms, including whipping,stocks, thepillory and theducking 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 theContinental Army, with due process protection, obtaining in 1776 authority from theContinental 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 towitchcraft orprophecy, at the jury's discretion;castration for men guilty ofrape,polygamy orsodomy, and a minimum half-inch hole bored in the nosecartilage 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 andTheodore Roosevelt, advocated judicial corporal punishment as punishment forwife-beating.[71]
In theUnited States, judicial flogging was last used in 1952 inDelaware 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]
^"United Arab Emirates – Country Reports on Human Rights Practices". Retrieved27 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.
^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).
Afghanistan.[17][18][19] SeeJudicial corporal punishment in Afghanistan
Antigua and Barbuda (flogging)[20][21]
Bahamas (men –cat on bare back; boys – cane on bare buttocks; in private)[22][23]
Botswana (males aged 14 to 40 – cane on bare buttocks; in private)[24][25]
Brunei (men and boys – cane on bare buttocks; in private)[8][26][27] SeeCaning in Brunei.
Dominica (boys under 16 – details unclear)[28]
Ecuador (men and women – traditional indigenous justice)[29]
Indonesia,Aceh Special Region only (men and women – cane on clothed back; details unclear)[30]
Iran (men, women, boys, girls – whip or strap, no target specified; public or private);[13]"eye for an eye" punishments are also legal.[31]
Lesotho (men and boys – details unclear)[32]
Malaysia (Criminal law: men – cane on bare buttocks; in private, male juveniles - cane on clothed buttocks with a light cane; in courtroom).[33] SeeCaning in Malaysia. *(Sharia law, Muslims only: men and women – cane on clothed back; in private)[34][35]
Maldives (men and women – details unclear)[36]
Nigeria (men, women – cane on clothed buttocks or whip on bare back; in public or private.)[14][37][38][39]
Pakistan (men and boys – cane or strap on clothed buttocks; public or private)[40]
Qatar (men and women – details unclear; in private)[41]
Saudi Arabia: Saudi Arabia has corporal punishment, including forced amputations and flogging, including for child offenders.[42]
Saint Kitts and Nevis (boys and men – details unclear)[43][44]
Sierra Leone (boys only – cane or birch on bare buttocks)[45]
Singapore (men and boys – cane on bare buttocks; in private). SeeCaning in Singapore.
Somalia (men and women – cane on clothed buttocks)[46]
Swaziland (boys only – cane on bare buttocks)[9]
Tanzania (men and boys – cane on bare buttocks; in private)[47]
Tonga (men – cat on bare buttocks; boys – birch or cat on bare buttocks)[10]
Trinidad and Tobago (men only – cat on bare back or birch on bare buttocks; in private)[48]
Tuvalu (details unclear)[49]
United Arab Emirates – Legal punishments in the United Arab Emirates include forcedamputations andflogging;[50][51][52]"eye for an eye" punishments are also legal.
Yemen (details unclear)[15].jpg)
