Corporal punishment is considered inflicting of physical pain upon a prisoner as a punishment for violation of a prison rule or regulation. Such forms of conduct include, but are not limited to whipping, cold shower, electrical shocking devices and suspension from cell bars by handcuffs. The use of solitary imprisonment as a system of punishing violations of prison discipline is not included within corporal punishment definition. Most states have no statutes that specifically forbid the use of corporal punishment. Other states, however, prohibit corporal punishment in detention facilities by the statue.
The use of corporal punishment to reinforce prison discipline continued in the early parts of twentieths century. In 1927, a North California statute authorizing the whipping of convicts was upheld. In 1963, in State v. Cannon, the Delaware Supreme Court held that the use of whipping punish certain crimes did not violate either the state or federal constitutional bans on cruel and unusual punishment. In Talley v. Stevens, the court refused to declare whipping institutional as such, but held that whipping must not be excessive and must be inflicted as dispassionately as possible. A 1929 case involving handcuffing a prisoner to a cell door for 60 hours without food also discusses the use and misuse of corporal punishment. Corporal punishment, including the use of electrical shocking devices, was used openly by the state of Arkansas until the 1960s. In a 1976 Minnesota case, electric shock treatment that served a legitimate purpose was not considered cruel and unusual punishment.
Advocates of corporal punishment maintain that, to enforce prison discipline, it is necessary to punish past offenders, hopefully deterring future rule infractions. However, the harmful effects of such treatment may well outweigh any of its supposed benefits. Until the late, 1960s cases could be found which held that corporal punishment was not cruel and unusual punishment. In the United States v. Jones, the director of Florida convict camp, was charged with deprivation of the civil rights of several prisoner, whom he allegedly assaulted and whipped. The local court, relying strongly on the proposition that the administration of state penal institution was a matter of exclusive state jurisdiction, held that a prisoner has no constitutional right to be free from corporal punishment. The court further stated that, although Florida law prohibited the use of corporal punishment, the law was based on principles of Christianity and humanity, and not on United States Constitution, thereby initiating that the Florida legislature could reestablish the use of corporal punishment at any time.
Prison officials must have a method of punishing violations of prison rules and regulations. Other prison administrators would like to include the use of corporal punishment among their personal means of enforcing discipline. However, there is numerous other punishment that may be employed, none of which involves the infliction of physical pain, and therefore, this punishment may be more effective both in maintaining discipline and rehabilitating the prisoner. In identifying the fact that prisons do not house the most docile or easily governed person, courts will allow the use of reasonable force by prison officials in five situations self-defense, defense of third person, enforcement of prison rules and regulation, prevention of escape, and prevention of crime.
The test of reasonableness is whether the force is reasonable and necessary under the facts and circumstance of different cases. Unreasonable punishment to enforce prison discipline is considered cruel and unusual punishment, prohibited by the Eighth Amendment. Prison officials who attempt to retrieve the use of corporal punishment may find themselves facing criminal and civil actions. To avoid criminal and civil liability, prison officials should refrain from corporal punishment and seek alternative methods of prisoner control.
Annotated Bibliography
Cloud, D. H., Drucker, E., Browne, A., & Parsons, J. (2015). Public health and solitary confinement in the United States. American journal of public health, 105(1), 18-26.
Dlugash, M. (2013). " Nudging" prisons: new hope for real prison reform.Kennedy School Review, 13, 50.
Tsui, J. C. (2014). Breaking Free do the Prison Paradigm: Integrating Restorative Justice Techniques into Chicago's Juvenile Justice System. J. Crim. L. & Criminology, 104, 635.
In this source, Tsui offers support for the same general issue of jail reclamation yet utilizes it to concentrate on youths mainly. She focuses on themes of cost proficiency, youth psychology, and better conditions when all is said in done in her article. The article is distinctive because it concentrates on youth in Chicago, which is additionally an awesome association for the city, we live in. This can give knowledge to the young criminal equity arrangement of this city.
Flynn, C. P. (1994). Regional differences in attitudes toward corporal punishment. Journal of Marriage and the Family, 314-324. Retrieved from http://www.jstor.org/stable/353102
This journal article discussed a study that was done in 1988. It was a general informative review for 978 individuals in the United States asking every locale how they felt about punishing. The outcomes demonstrated that more than two out of3 of the northeasterners upheld hitting the southerners yet really supported the practice. The article goes ahead to discuss how whipping has been a piece of American society since established and that lawful and religious organizations have dependably upheld it
Straus, M. A. (1999). Is it time to ban corporal punishment of children?.Canadian Medical Association Journal, 161(7), 821-822. Retrieved from http://proquest.umi.com
This article discussed despite the fact that there are accounted for long haul impacts of children beating, a few doctors are addressing regardless of whether encouraging individuals to not hitting their children is moral and expert. The article even expressed that some of these gathered consequences for the children-, for example, substance misuse, hostility are even definitive. The article showed that a few cases are conditional and that now and again the child should be hit
Lancet, T. (2000). They call it a smack. The Lancet, 356(9223), 1. Retrieved from http://proquest.umi.com
This article is situated in the UK, and it discussed how they met a seven-year-old tyke about spankings and that the children said that they called beating "smacking" and that it was viewed as a truly hard-hitting. The article went ahead to discuss how children who were not acquainted with any type of flogging were less inclined to have nervousness issue or ended up substance abusers or show hostility practices
Spangenberg, R. L., & Walsh, E. R. (1989). Capital Punishment or Life Imprisonment--Some Cost Considerations. Loy. LAL Rev., 23, 45.
Masur, L. P. (1989). Rites of Execution: Capital punishment and the transformation of American culture, 1776-1865.
Bryant, C. D. (2003). Handbook of death and dying (Vol. 1). Sage.
Secured in this article are the counter contention and its history. It involves the greater part of the real endeavors that have been utilized to attempt to annul capital punishment and a rundown of the political gatherings that they fit in with. Likewise, this book has a state and moral breakdown of each who has been executed which indicate patterns in the states that spend the most cash on executions and which spend more on the caring and housing of prisoners
Dieter, R. C. (1995). Capital punishment Information Center. Retrieved January 29, 2007.
The article covers the press about death column, current prisoners, and trials that could prompt death row. It is not one-sided and conveys articles both for and against the capital punishment furthermore gives numerous books, articles, state laws, and numerous more assets.
Hickey, E. (Ed.). (2003). Encyclopedia of murder and violent crime. Sage Publications.
This reference book is brimming with valuable data in regards to the death penalty. The area that alludes is just the death penalty part. This contains actualities about capital punishment from the earliest starting point of written history, including techniques and when things got to be prohibited. Some especially essential data of history is in the article and the expenses
Crowe, Robert E. "Should Capital Punishment be Retained? Pro." Congressional Digest Aug. 1927: 228+. Academic Search Complete. EBSCO. Web. 26 Jan. 2011.
Crowe trusts the essential advantage of the death penalty is its convenience in hindering any future criminal acts, especially kills. He affirms capital punishment is the main discipline meet in worth to the killings or different wrongdoings for which the capital punishment is sentenced. While assaulting the United States government for its absence of criminal regulation, Crowe proposes the death penalty will ingrain dread in crooks and make them reconsider before perpetrating a rough wrongdoing. He expresses this apprehension of discipline is the thing that shields nationals from the fierceness of ruthless killers who, without capital punishment, would trust they don't have anything to fear.
Sunstein, C. R., & Vermeule, A. (2005). Is capital punishment morally required? Acts, omissions, and life-life tradeoffs. Stanford Law Review, 703-750.
This article is a decent, powerful contention that is for capital punishment. It clarifies how capital punishment is ethically just and can spare more lives. It gives data on the reasons why the contradicting sees on the death penalty are not taking a gander at the truths, for example, how when they say on the off chance that we have an eye-to-eye discipline than we ought to do what the culprits did to them.
Mumia Abu-Jamal, reporter, Black Panther Party, on death row. Live from Death Row. Reading, Mass.: Addison-Wesley, 1995.
Made out of works and analyzes made at Huntington County Prison while on death column. Addresses the central treachery of the death penalty and "Wavering on the Brink in the middle of Life and Death in which the Supreme Court denied that bigotry assumes a part in the lopsided number of dark demise column prisoners
Behan, C., & O'Donnell, I. (2008). Prisoners, politics and the polls enfranchisement and the burden of responsibility. British journal of criminology, 48(3), 319-336.
Behan, C. (2012). ‘Still Entitled to Our Say’: Prisoners' Perspectives on Politics. The Howard journal of criminal justice, 51(1), 16-36.
Behan examines Ireland's first race in which prisoners were permitted to vote in 2007. Behan discovered low levels of both enrollment and voting: just 14 percent of those qualified enlisted to vote, yet those who enlisted did vote
Behrens, A. (2004). Voting-Not Quite a Fundamental Right-A Look at Legal and Legislative Challenges to Felon Disfranchisement Laws. Minn. L. Rev.,89, 231.
In this note, Behrens examines the historical backdrop of disappointment laws and court cases and contends that if such laws were nearly investigated, they would likely be struck down due to an absence of generous backing.
Behrens, A., Uggen, C., & Manza, J. (2003). Ballot Manipulation and the “Menace of Negro Domination”: Racial Threat and Felon Disenfranchisement in the United States, 1850–20021. American Journal of Sociology, 109(3), 559-605. (http://www.socsci.umn.edu/~uggen/Behrens_Uggen_Manza_ajs.pdf)
Bowers, M., & Preuhs, R. R. (2009). Collateral Consequences of a Collateral Penalty: The Negative Effect of Felon Disenfranchisement Laws on the Political Participation of Nonfelons*. Social Science Quarterly, 90(3), 722-743.
Bowers and Preuhs recommend that crime disappointment in actuality disappoints African-Americans without lawful offense feelings by fundamentally lessening the quantities of blacks whose votes will tally in tickets. The authors consider voter enrollment rates, pay levels, and the likelihood that a man inside of a given gathering will vote
Campbell, M. C. (2007). Criminal disenfranchisement reform in California A deviant case study. Punishment & Society, 9(2), 177-199.
Campbell examines the historical backdrop of the mid-1970s entry of Proposition 10 in California, which emancipated once in the past imprisoned persons. This affected the state's voting future, as there generally would have been a substantial number of disappointed persons coming about because of the sensational increment in the jail populace in the decades that took after
Conn, J. B. (2004). Felon disenfranchisement laws: Partisan politics in the legislatures. Mich. J. Race & L., 10, 495.
Conn breaks down disappointment laws in the U.S. Furthermore, presumes that the privilege to vote is fixing to factional governmental issues in state lawmaking bodies. The creator uncovers how the divided political procedure is both the best obstruction to the reclamation of voting privileges of once in the past imprisoned persons in states controlled by Republican officials and the best seek after them in Democratic-controlled states
Demleitner, N. V. (1999). Continuing Payment on One's Debt to Society: The German Model of Felon Disenfranchisement as an Alternative. Minn. L. Rev., 84, 753.
Demleitner investigates U.S. disappointment laws as a chronicled return without defense or basis. The author contends that since disappointment is neither intrinsically commanded nor lawfully or sensibly reasonable, it ought to be limited to the German procurement
Dhami, M. K. (2005). Prisoner disenfranchisement policy: a threat to democracy?. Analyzes of Social Issues and Public Policy, 5(1), 235-247. (http://www.asap-spssi.org/pdf/0501dhami.pdf)
Dhami inspects the impacts of disappointment in just social orders. The author contends that crime disappointment, especially for ex-criminals, just strengthens the distance from society that is developed by being detainment
Dinan, J. (2007). The Adoption of Criminal Disenfranchisement Provisions in the United States: Lessons from the State Constitutional Convention Debates. Journal of Policy History, 19(03), 282-312.
This article analyzes 114 records of disappointment open deliberation in established traditions somewhere around 1814 and 1984. The creator pinpoints five essential contentions in backing of disappointment and also the commonness and period in which they were most regularly used
Duff, A. (2011). 5 Good and Evil and the criminal law. Philosophy, Ethics, and a Common Humanity: Essays in Honour of Raimond Gaita, 68.
Duff, looks at the disenfranchisement strategies of the United States and European nations and find that in most European states, guilty parties are a great deal more prone to hold their social equality.
Ewald, A. (2002). 'Civil Death’: The Ideological Paradox of Criminal Disenfranchisement Law in the United States. Wisconsin Law Review, 1045-1132. (http://sobek.colorado.edu/~preuhs/state/ewaldcivildeath.pdf)
Ewald draws together political hypothesis, history, and law to inspect the act of criminal disenfranchisement and contends what he sees as the crucial incongruity of lifetime criminal disenfranchisement law. The author keeps up that while it might appear that a political hypothesis of radicalism and republicanism such laws are in fact not accurate to the values of both ideologies
Ewald, A. C. (2003). Punishing at the Polls: The case against disenfranchising citizens with felony convictions. Dēmos. (http://www.prisonpolicy.org/scans/demos/punishing_at_the_polls.pdf)
Ewald argues that supporters of disenfranchisement cannot extensively bolster their cases. He counters contentions made by disenfranchisement advocates, fighting that crime disappointment is a supremacist practice that does not effectively "rebuff" persons with lawful offense feelings.
Fellner, J., & Mauer, M. (1998). Losing the vote: The impact of felony disenfranchisement laws in the United States. Sentencing Project. (http://www.sentencingproject.org/doc/File/FVR/fd_losingthevote.pdf)
This article gives a complete examination of the effect of state laws that exclude present and previous lawful offense guilty parties from voting. Fellner and Mauer point of measurable interest highlights that characterize crime disappointment in the U.S. reporting that forty-six states and the District of Columbia restrict detainees from voting while serving a lawful offense sentence
Flores, A. A. (1984). Bounds and reality: Lawbooks alone do not a lawyer make. Law. Libr. J., 77, 275.
This article breaks down the insufficiencies of Bounds and its descendants and, in addition, decisions which attempted to cure its belongings. This is a detailed history of the misuse coming about because of Bounds and consequent choices. It is a record which ought to be perused conjunction with Stearns
Herring, D. N. (2009). The Ohio Department of Youth Services Juvenile Prison Library System. Behavioral & Social Sciences Librarian, 28(4), 148-165.
This exceptionally late article rounds out the perspective of jail libraries by investigating the circumstance of adolescent detainment focuses. It is a subjective study taking into account four adolescent jail libraries. Despite the fact that it treats these circumstances inside and out, business as usual exploration would have been something more.
Payne, W., & Sabath, M. J. (2007). Trends in the use of information management technology in prison libraries. Behavioral & Social Sciences Librarian, 26(2), 1-10.
This is a late commitment to a field of exploration with a deficiency of data, yet the outcomes are somewhat unremarkable. After a thorough review of 400 U.S. jail libraries, Payne, and Smith, for the most part, the reason that innovation use has expanded in the course of recent years. The specific measurements are fascinating and fundamental for further research at the same time, now and again, seem to be trivia tidbits.
Reference
Payne, W., & Sabath, M. J. (2007). Trends in the use of information management technology in prison libraries. Behavioral & Social Sciences Librarian, 26(2), 1-10.
Herring, D. N. (2009). The Ohio Department of Youth Services Juvenile Prison Library System. Behavioral & Social Sciences Librarian, 28(4), 148-165.
Flores, A. A. (1984). Bounds and reality: Lawbooks alone do not a lawyer make. Law. Libr. J., 77, 275.
Fellner, J., & Mauer, M. (1998). Losing the vote: The impact of felony disenfranchisement laws in the United States. Sentencing Project.
Ewald, A. C. (2003). Punishing at the Polls: The case against disenfranchising citizens with felony convictions. Dēmos
Ewald, A. (2002). 'Civil Death’: The Ideological Paradox of Criminal Disenfranchisement Law in the United States. Wisconsin Law Review, 1045-1132.
Duff, A. (2011). 5 Good and Evil and the criminal law. Philosophy, Ethics, and a Common Humanity: Essays in Honour of Raimond Gaita, 68.
Dinan, J. (2007). The Adoption of Criminal Disenfranchisement Provisions in the United States: Lessons from the State Constitutional Convention Debates. Journal of Policy History, 19(03), 282-312.
Dhami, M. K. (2005). Prisoner disenfranchisement policy: a threat to democracy?. Analyzes of Social Issues and Public Policy, 5(1), 235-247.
Demleitner, N. V. (1999). Continuing Payment on One's Debt to Society: The German Model of Felon Disenfranchisement as an Alternative. Minn. L. Rev., 84, 753.
Conn, J. B. (2004). Felon disenfranchisement laws: Partisan politics in the legislatures. Mich. J. Race & L., 10, 495.
Campbell, M. C. (2007). Criminal disenfranchisement reform in California A deviant case study. Punishment & Society, 9(2), 177-199.
Bowers, M., & Preuhs, R. R. (2009). Collateral Consequences of a Collateral Penalty: The Negative Effect of Felon Disenfranchisement Laws on the Political Participation of Nonfelons*. Social Science Quarterly, 90(3), 722-743.
Behrens, A., Uggen, C., & Manza, J. (2003). Ballot Manipulation and the “Menace of Negro Domination”: Racial Threat and Felon Disenfranchisement in the United States, 1850–20021. American Journal of Sociology, 109(3), 559-605.
Behrens, A. (2004). Voting-Not Quite a Fundamental Right-A Look at Legal and Legislative Challenges to Felon Disfranchisement Laws. Minn. L. Rev.,89, 231.
Behan, C. (2012). ‘Still Entitled to Our Say’: Prisoners' Perspectives on Politics. The Howard journal of criminal justice, 51(1), 16-36.
Behan, C., & O'Donnell, I. (2008). Prisoners, politics and the polls enfranchisement and the burden of responsibility. British journal of criminology, 48(3), 319-336.
Mumia Abu-Jamal, reporter, Black Panther Party, on death row. Live from Death Row. Reading, Mass.: Addison-Wesley, 1995.
Sunstein, C. R., & Vermeule, A. (2005). Is capital punishment morally required? Acts, omissions, and life-life tradeoffs. Stanford Law Review, 703-750.
Crowe, Robert E. "Should Capital Punishment be Retained? Pro." Congressional Digest Aug. 1927: 228+. Academic Search Complete. EBSCO. Web. 26 Jan. 2011.
Hickey, E. (Ed.). (2003). Encyclopedia of murder and violent crime. Sage Publications.
Dieter, R. C. (1995). Death Penalty Information Center. Retrieved January 29, 2007.
Bryant, C. D. (2003). Handbook of death and dying (Vol. 1). Sage.
Masur, L. P. (1989). Rites of Execution: Capital Punishment and the transformation of American culture, 1776-1865.
Spangenberg, R. L., & Walsh, E. R. (1989). Capital Punishment or Life Imprisonment--Some Cost Considerations. Loy. LAL Rev., 23, 45. Lancet, T. (2000). They call it a smack. The Lancet, 356(9223), 1
Straus, M. A. (1999). Is it time to ban corporal punishment of children?.Canadian Medical Association Journal, 161(7), 821-822.
Cloud, D. H., Drucker, E., Browne, A., & Parsons, J. (2015). Public health and solitary confinement in the United States. American journal of public health, 105(1), 18-26.
Dlugash, M. (2013). " Nudging" prisons: new hope for real prison reform.Kennedy School Review, 13, 50.
Tsui, J. C. (2014). Breaking Free do the Prison Paradigm: Integrating Restorative Justice Techniques into Chicago's Juvenile Justice System. J. Crim. L. & Criminology, 104, 635.
Flynn, C. P. (1994). Regional differences in attitudes toward corporal punishment. Journal of Marriage and the Family, 314-324.
