m for humane treatment,
and no sentence should have a greater duration than twenty years. The
term also should be fixed when the sentence is imposed.
=Flogging.=--This is an extremely unpopular form of punishment, owing to
its abuse in the old convict stations and in the army and navy. Yet
there is a great deal to be said in its favour. In 1898 the Howard
Association instituted an enquiry among the most competent authorities
as to what were the best methods of dealing with juvenile offenders.
Nearly 40 replies were sent in answer to their circular of enquiry, and
with but one or two exceptions these replies advocated whipping as the
most expedient method. The Chief Constable of Liverpool
stated:--"Whipping has been found a most efficient and HUMANE
punishment. During the last FIVE YEARS 489 boys were once
whipped. Of these, only 135 have been again convicted. Of the 135, 44
were whipped for the second time. Of the 44 only 10 were convicted a
third time, and 2 only for a fourth time. No other punishment can show
such a record...."
Our Criminal Code describes a whipping as being a punishment of not more
than 25 strokes with the cat-o'-nine-tails inflicted upon a person of
not more than 16 years of age. A flogging is limited to not more than 50
strokes and not less than 25 inflicted upon a person of over 16 years.
Three floggings at intervals for one offence is the maximum amount of
castigation allowed.
A description of the "cat" may not be out of place. The handle is round
and of uniform diameter of one inch. It is about 30 inches in length and
is light as cork. The "tails" (nine in number) are made of cord similar
to fishing cord, about an eighth of an inch in diameter and 33 inches in
length. In each tail a strand is taken out, wound round and put back,
thus making a bob. There are 27 of these bobs in all. A flogging with
such an instrument would no doubt be very severe, but it need not draw
blood nor leave marks for all time. A flogging properly administered
should produce sharp stinging pain and leave no bad results whatever.
Then it becomes a very useful punishment to use upon such men as those
whose crimes are characterised by cruelty. Men who violate, torture, or
frighten women, who are cruel to children or take advantage of the weak,
imbecile or defenceless might well be punished with a flogging. In fact
it is questionable whether any punishment is so effective. These men are
cowards one and all; they do not
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