The Delinquent (Vol. IV, No. 4), April, 1914 — John Shaqi
The Delinquent (Vol. IV, No. 4), April, 1914Various
General
The Delinquent (Vol. IV, No. 4), April, 1914
Various
Prisons -- Periodicals
“The North Carolina supreme court has handed down a decision written by
Chief Justice Walter Clark saying that corporal punishment by flogging
is not reasonable and cannot be sustained. It is true that this
decision refers to whipping convicts by guards, but it is only a little
stretch to make the application cover all cases except where used by
parents as a corrective method for children, and it is not too big
an undertaking to even reach that form. The court now takes judicial
notice when the parent becomes too severe with the child.
“Some months ago a Wake county convict was whipped by a guard, and
the matter was carried into the courts. The defendant was adjudged
guilty in superior court and a fine of $10 was imposed. In this case
the defendant raised the point that flogging was necessary for the
maintenance of discipline among the convicts. It was shown further
that it has been the custom in all camps to use whipping to subdue the
unruly. The case was carried to the supreme court by the defendant, but
that body affirmed the decision of the lower court.
“Continuing, Judge Clark gives it as the opinion of the court that
while the constitution of the State does not directly prohibit corporal
punishment in prison discipline, its spirit is against the longer
use of floggings for that purpose. The opinion cites the powers of
the world which have abolished prison whipping, and says even Mexico
by legislative enactment more than a decade ago did away with such
punishment for prisoners. In conclusion, Judge Clark says, ‘we have,
however, been discussing the legal rights of the prisoners and we find
no authority for its longer continuance.’
“It is true that there is a general opinion among many, especially
those who have to deal with convicts, that flogging is the only
effective way to secure and maintain discipline, and they contend that
unless proper methods are used with a certain class of prisoners a
condition will soon arise in the camps which will cause a great deal
of trouble. With a squad of vicious and unruly prisoners who have a
resourceful leader knowing that the courts will protect them from that
only dread of convict-flogging--the ingenuity of the officers will be
taxed to secure proper results.
“On the other hand the decision will prevent the undue use of the whip
by guards, a few of whom are only too anxious for an opportunity to
administer corporal punishment to those who are helpless. While cases
of the abuse of this power by the guards are very rare, heretofore the
opportunity has always been present for the man who was vicious enough
to use it.
“What will be the result of the decision upon the convict discipline of
the future, time alone can tell.”
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Public-domain text, read in full here on John Shaqi.
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