Jeff Jacoby: Bring Back Flogging

In part 3, Morris (2002, p.171) discusses why prison conditions matter and why penal reformers, including himself, have devoted their lives and travelled thousands of miles

He does not speak on any experience that he has had with the justice system and without any personal experience his opinions do not mean much because they are not creditable. For instance Jacoby states “For tens of thousands of convicts, prison is a graduate school of criminal studies: They emerge more ruthless and savvy than when they entered. And for many offenders, there is even a certain cachet to doing time -- a stint in prison becomes a sign of manhood, a status symbol.” And “But there would be no cachet in chaining a criminal to an outdoor post and flogging him. If young punks were horsewhipped in public after their first conviction, fewer of them would harden into lifelong felons.”

Ever since the first prison opened in the United States in 1790, incarceration has been the center of the nations criminal justice system. Over this 200 year period many creative alternatives to incarceration have been tried, and many at a much lower cost than imprisonment. It wasn’t until the late 1980’s when our criminal justice systems across the country began experiencing a problem with overcrowding of facilities. This problem forced lawmakers to develop new options for sentencing criminal offenders.

In the article “Bring Back Flogging” Jacoby explains that back in the 17th century flogging was a popular punishment. Jacoby states that flogging is more beneficial than going to prison because It cost $30,000 to cage an inmate. Jacoby explains that prison is a dangerous place. Jacoby and believes that inmates that haven’t committed a huge crime should not experience horrors in prison?

Jacoby’s argument of flogging attempts to show how it can be more productive over the conventional method of punishment seemingly the only way, imprisonment. His beliefs are that public whippings will prevent youths and first time offenders from becoming lifelong felons. The benefits deduced from his argument for flogging assuming it proves to be conclusive would be such. Lowering the rate of felons in jail, freeing up space for the more violent offenders. The appalling estimated amount of thirty thousand a year per inmate would be saved. A public whipping would not be associated with respect and sign of manhood or status symbol that prison serves for many offenders. Flogging he believes would deter many of the first time offenders and youth along with preventing them from being repeat and long time offenders. The pain, scars, and embarrassment of public whippings would far exceed the value or risk reward benefit of doing a petty crime thus forcing people to think about their actions before they did it. Jacoby contends that he is unsure whether being whipped is more degrading that being caged. At the end of his essay he draws attention to the point of the terrible risk of being raped in prison as an argument in favor of replacing imprisonment with flogging.

This paper discusses three critical issues in the criminal justice system. It touches on the general issues of punishment philosophies, sentence decision making, and prison overcrowding and focused more specifically on the negative effects of each. Highlighted in this informational paper is the interrelated nature of the issues; each issue affects and is affected by the others. Data and information has been gathered from the FBI Uniform Crime Report, the Bureau of Justice Statistics, Amnesty International, the NAACP Legal Defense

Without the use of these statistics, Jacoby would not be able to suggest such a solution and effectively convey his point. As a result, Jacoby proves that through his research, he is qualified to make his arguments against prisons.

In, “The Caging of America”, by Adam Gopnik explains the problems in the in the American criminal justice system focusing more on the prison system. Some of the struggles that Gopnik states in his article are mass incarceration, crime rate, and judges giving long inappropriate sentencings to those with minor crimes. He demonstrates that inmates are getting treated poorly than helping them learn from their actions. Using facts and statistics, Gopnik makes his audience realize that there is an urgent need of change in the American prison system. The main idea of Gopnik’s article is that the prison system needs to improve its sentencing laws because prisons are getting over crowed. Gopnik’s argument is valid because there is a problem in the sentencing laws that has caused a malfunction in the prison system as a whole.

The U.S. corrections system, a subdivision of the criminal justice system, continues to undergo change. From its beginnings as laws written in stone, the corrections system has sought to punish offenders. The origin of the corrections system dates back several thousand years and has witnessed various perspectives and goals. The best method of administering punishment to these prisoners has remained an issue of dispute for many years. Events through history, such

Mass incarceration is one of very many huge problems we have here in America. But when you really look into the core of the situation, whose fault is it really. Right away you think it is the criminals fault for getting arrested in the first place right? More people should be well behaved and not end up in prison? But what a lot of people fail to notice are the ones that actual do the actual sentencing. In Paul Butlers book, Lets Get Free he writes, “I became a prosecutor because I hate bullies. I stopped being a prosecutor because I hate bullies.”

However, Jeff Jacoby says something true, the criminal justice system has a problem, but violence is not the solution. As a result, Jacoby made a great use of logos on paragraph 6 where he points out the consequences of incarceration, “…the price of keeping criminals in cages is appalling – a common estimate is $30,000 per inmate per year,” also, he supports that statement on paragraph 12, “The Globe reported in 1994 that more than two hundred thousand prison inmates are raped each year…” he says, on that same fact, Jacoby is using ethos suggesting that the information reported by The Globe, the newspaper for which he works, is truthful. With these two statements he almost got the reader, but again he contradicts himself saying that is not the inmates fault, “…usually to the indifference of the guards,” he adds. So, why should prisoners be punished if it is not their fault?

Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means

With the exception of probation, imprisonment has been the main form of punishment for serious offenders in the United States for over 200 years. Americans can be said to have invented modern incarceration as a means of criminal punishment. Although Europe provided precedents, theoretical justifications, and even architectural plans for imprisoning offenders, Americans developed the blueprints for the typical prisons of today and devised the disciplinary routines, types of sentences, and programs that prison systems of other countries subsequently adopted or modified (Rafter & Stanley 1999).

Traditionally, there have been four justifications for punishment: deterrence, confinement, rehabilitation and retribution. While these methods can be flawed at some point in history they served as primary reasons for the justification of punishment. Recently, there has been an epistemic shift in thinking about punishment where now it is focused on retribution and incarceration. The emphasis on this method has lead to an increase in incarceration and the rise of a prison system. While we acknowledge that there will always be a need for society to punish criminals in order to protect the rights of individuals, however a prison/prison system is not the correct way to handle such problems. Currently the prison system is being used an economic tool for private companies to exploit cheap labor from inmates. Known as the prison-industrial complex private enterprises are now able to build more prisons to “benefit” society and themselves as the prison population grows. Since the 1980’s the growth in prison

In prisons today, rehabilitation, deterrence, incapacitation, and retribution are all elements that provide a justice to society. Prisons effectively do their part in seeing that one if not more of these elements are met and successfully done. If it were not for these elements, than what would a prison be good for? It is highly debated upon whether or not these elements are done properly. It is a fact that these are and a fact that throughout the remainder of time these will be a successful part of prison life.