Flogging With Prison Sentences example essay topic

Jeff Jacoby's, "Bring Back the Flogging", argues that flogging should be a method of corporal punishment that should be reconsidered by our criminal justice system. Within his opening argument, Jacoby uses two methods to sustain the readers' attention: sex and violence. Jacoby describes Richard Hopkins sentence, in 1963, for selling arms and gunpowder to the Indians as being " 'whipt, & branded with a hott iron on one of his cheeks'". He also mentions Hannah Newell conviction of adultery in 1694, and her court ordered sentence of "fifteen stripes Severely to be laid upon her naked back at a common whipping post. Unfortunately, her convicted companion, Lambert Despair's, sentence was more severe with twenty-five lashes and "that on the next Thursday Immediately after Lecture he stand upon the Pillory for... a full how er With Adultery In Capital letters upon his brest". However, Jacoby's attention grabbing introduction does not make up for his unconvincing argument to replace flogging with prison sentences.

Imprisonment is a more rational and humane way to rehabilitate those members in our society that can not abide by its rules and regulations In Jacoby's essay, he attempts to persuade the reader that prison terms are not considered a severe enough punishment by today's standards, because it "has become our penalty of choice for every offense in the criminal code". He argues that because this form of punishment is given out so commonly it has become glamorized and therefore, does not successfully install enough fear of the possible repercussions in people to keep the number of crimes down. He supports this argument by stating that "a stint in prison [has] become (s) a sign of manhood, a status symbol", as if it is a clich'e. The essay then goes on to mention that societies tax payers pay $30,000 per inmate, per year on average to place them in correctional institutions only for them to learn other tricks of the criminal trade from other inmates. In Jacoby's attempt to convince the reader of the benefits of corporal punishment he plays upon common assumptions, that are based on ignorance, as a breeding ground for persuasion without attempting to clarify the real reason behind some actions. For example, he mentions some felons are "not locked up at all" because the "penal system is choked to bursting" with felons.

The method used by Jacoby attempts to ridicule the American criminal justice system by arguing that fifty-eight percent of murders and ninety-eight percent of burglaries do not result in a prison term. The language that is used degrades criminals, as if they were less human, which can make it easier accept the concept of publicly flogging them. He uses statistics that can be interpreted differently, such as "fifty-eight percent of all murders do not result in a prison term"; a sentence like this can be interpreted to fit your bias, whichever it may be. It is the argument of Jacoby that if the American criminal justice system incorporated corporal punishment, as "humiliating and painful" as it may be, it will be a "quick", "cheap" and effective method of punishment. However, Jacoby fails to mention the rights given to Americans by the US Constitution in the eighth amendment, which prohibits against cruel and unusual punishment.

"The purpose of the clause is to protect American citizens from punishments which were considered unnecessarily cruel, torturous, or barbarous... at the time the Eighth Amendment was adopted" (Blume). "All men are created equal", therefore, they should be punished for their crimes equally (Declaration of Independence). When applying corporal punishment in the form of whipping, for example, how would one be able to accurately determine that the amount of pain inflicted on two separate individuals as equal. Everyone is tolerable to different amounts of pain. Factors that can contribute to pain tolerance include: age, weight, and muscle mass. Therefore, by sentencing the two individuals to prison terms we can guarantee that they will be treated the same by the judicial system.

Jacoby suggests that we should sentence some criminals such as thieves and drunk drivers to a public whipping. It would be irrational to suggest that a person who was caught driving under the influence, a non-violent offense, should have their bodies thrashed with a slender lithe implement, as a lash or rod, repeatedly; this is more commonly know as whipping. He also argues that if "young punks were horsewhipped after their first conviction, fewer would harden into lifelong felons". There have been numerous studies on convicted criminals that indicates the reason the have rebelled against societies laws is because they were abused as children. By physically abusing these juveniles we are sending across a message that it is alright to beat and humiliate those that do not follow our orders. This very thought goes against the rehabilitation process and encourages outbursts of violence instead of communication.

Even the death penalty is only given to the most heinous criminals, such as those convicted of murder in the third degree, because the punishment should fit the crime. We live in a society that thrives on the concept of human dignity, thus we cannot even allow " 'the infliction of unnecessary pain in the execution of the death sentence' " (Blume). While Jacoby attempts to use the fact that Delaware did not repeal its flogging law until 1972, only thirty-one years ago, to support his argument, he was unsuccessful. Our states and federal laws are changed for one of two reasons: either they were ineffective or a better method has been found to deal with the issue. However, he fails to argue the benefits the current penal system can have on its inmates.

Not only are the inmates treated psychologically but they can also be taught how to be a productive member in society when released. The North Carolina department of correction allow some of their minimum custody inmates to take on jobs after the are carefully screened. The wages earned by the inmates are used to pay boarding costs to the prison, child support, restitution and court costs. This allows them to interact with society at a minimal level and as a result they have jobs upon release and will not be dependent upon the State for further assistance. However, a whipping could result in health injuries that may detain them from work which can also lead to a higher occurrence of liability suits (McQuillan). Jacoby mocks the idea of imprisonment insisting that we have given up public flogging for a "more humane way of discipline wrongdoers: We lock them up in cages".

But the real question is how can whipping someone be more humane than placing someone in a confined area with all their basic for survival met along with luxuries such as cable television and gym facilities? We live in a country that is looked upon for its compassion for human dignity, which "draws its meaning from the evolving standards of decency that mark the progress of a maturing society" (Blume). Blume, John H. and Olive, Mark E". Introduction to the Eighth Amendment: An Overview of Constitutional Principles Relevant to Capital Cases".

3 February 2003. "The Declaration of Independence: A Transition". The Charters of Freedom. 3 February 2003. web n / declaration transcription. html Jacoby, Jeff. "Bring Back Flogging".

Current Issues and Enduring Questions: A Guide to Critical Thinking and Argument, with Readings. Bedford / St. Martin. Boston. 2002. p. 149-151. McQuillan, Patty. "Work release prepares Charlotte Correctional Center prisoners for a job".

North Carolina Department of Correction. 1 April 1999.3 February 2003.