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Showing posts from March, 2013
Hebrews 13:3     New International Version (NIV)   3 Continue to remember those in prison as if you were together with them in prison, and those who are mistreated as if you yourselves were suffering.     See , BibleGateway.com
Corporal Punishment ("CP") of African Americans in the USA  -- To help explain how we can cut the current American prison population in half :        The corporal and capital punishments of African Americans became more arbitrary, brutal and chaotic after the economic incentives of slavery and Union Army governance disappeared. [1]   Statutes and common law permitted disciplinary legal CP of slaves, but prohibited or discouraged the “cruel, unusual and excessive” punishment of slaves. [2]   Black Codes passed after the Civil War, such as the one adopted by Mississippi to assign orphaned and unsupported “apprentices,” supposedly drew the distinction between “moderate corporal chastisement as a father or guardian is allowed to inflict on his or her child or ward at common law,” but prohibited “cruel or inhuman punishment.” [3]   Florida established up to 39 stripes of JCP or the pillory as punishment for vagrancy and vagabonds on Jan. 12,...
On March 1, 2013, I submitted Prison Crisis Cure: The Constitutionality & Effectiveness of Judicial Corporal Punishment Compared to Massive Incarceration to The Criminal Law Bulletin for publication, and they have agreed to publish it.  My article advocates cutting the American prison population in half.  An abstract appears below.    The Criminal Law Bulletin is a highly ranked peer-reviewed law journal specializing in criminal legal topics.     Abstract of Prison Crisis Cure: The Constitutionality & Effectiveness of Judicial Corporal Punishment Compared to Massive Incarceration   by John Dewar Gleissner   Public judicial corporal punishment (JCP) in the form of whipping was accepted practice at the time the Eighth Amendment was adopted in 1791 and was clearly not cruel and unusual in the constitutional sense.   Congress and all the state legislatures abolished JCP, ending with Delaware’s abo...