Is Flogging Legal in the Us

The Department of the Navy Library thanks Dr. Harold D. Langley for writing the above essay on the history of flogging and for compiling an annotated bibliography on the subject. However, unlike public flogging in Aceh, these sentences take place behind closed doors, with defendants tied to specially constructed cadres and executed in the presence of a doctor. In this article, we have taken a two-pronged approach. First, we tried to characterize flogging by shedding light on its history, its status in the criminal justice system and the number of countries that still use it endemicly as a form of punishment. Then, in the second stage (which includes the last two steps), we highlighted measures of international law that could help us to completely abolish this practice in the coming years. In March 1850, Herman Melville`s novel White-Jacket, or The World in a Man-of-War was published. It included a chapter on flogging and others on its harmful effects and illegal use. He called for its abolition. Some naval officers took offence at Melville`s remarks and wrote rebuttals, some of which were published in newspapers or pamphlets.

The document reproduced above, A Plea in Favor of Maintain Flogging in the Navy, may have been inspired by Melville`s novel, by congressional action, or by the campaign of some officers and civilians to reinstate the practice of flogging. These efforts were decisively rebuffed after a speech to the Senate in 1851 by Senator Robert F. Stockton of New Jersey, a former Navy captain. Navy officers have had to adapt to new conditions, and pressure on Congress to pass new regulations has increased. In March 1855, Congress passed legislation for more effective discipline in the navy. This introduced a summary court martial system for minor offences. It could sentence guilty men to solitary confinement, with or without single or double irons and/or a diet of bread and water for a limited time. It could also lead to relief due to bad behavior. In 1862, Congress passed legislation to a major revision of all naval regulations that reflected a more progressive view of discipline. The last legal flogging of a convicted criminal in the United States took place in Delaware in 1952.

The barbaric practice was declared illegal that year, but Delaware waited until 1972 to officially remove the whip stake from state prison. “The use of corporal punishment, flogging, flogging and flogging for drug or alcohol offences is a flagrant violation of international human rights law that constitutes cruel and degrading treatment or punishment,” said Rick Lines, Executive Director of Harm Reduction International. In public opinion, particularly in the North, the practice of flogging was often associated with the treatment of convicts and slaves, and was considered contrary to the democratic zeitgeist and the ideals of the United States. Support for this view came from William McNally, who claimed to be a former sailor. In 1839, he published a book on the abuses of the evil island in the navy and merchant marine, claiming that sailors were treated worse than slaves. He cited cases where more than the legal number of lashes were inflicted on flogging. He also argued that the flogging discouraged Native American men from joining the navy. This, in turn, led to a shortage of manpower in the navy and commercial service, which led both to resort to foreign-born sailors. Reformers said that if U.S. citizens were treated decently, they would be more likely to serve in both the Navy and commercial service. These reformers also argued that the daily production of grog or whiskey mixed with Navy water was the source of many disciplinary problems.

So if the grog ration were abolished, there would be less need for flogging. If flogging were abolished, the service would be more attractive to American men. The American Seamen`s Friend Society, a religious organization, was at the forefront of the movement to eliminate grog and flogging. Its members included several naval officers. In the 1840s, a number of civil groups began calling on Congress to abolish flogging. In the United Kingdom, the JCP was generally abolished in 1948; [57] However, it existed in prisons as a punishment for prisoners who committed serious attacks on prison staff (ordered by visiting judges) until it was abolished by section 65 of the Criminal Justice Act 1967. [58] The last prison whip took place in 1962. [59] [60] But flogging as punishment for transgressions in countries where Islamic laws are respected is relatively common. For a discussion of the role of Melville`s work in the campaign against flogging, see Robert B. Chapelle, “The Word Against the Cat: Melville`s Influence on Seafarers` Rights.

The American Neptune 42, no.1 (January 1982): 57-65, und H. Edward Stessel, « Melville’s White-Jacket: A Case Against the `Cat` ». Clio 13, Nr.1 (1983): 37-55. Zur Disziplin in der frühen Marine und zur Einstellung von Offizieren zum Auspeitschen siehe: Christopher McKee, A Gentlemanly and Honorable Profession: The Creation of the U.S.