NCJ Number
66367
Journal
New Republic Dated: (MARCH 8, 1980) Pages: 20-23
Date Published
1980
Length
4 pages
Annotation
THE AMERICAN SYSTEM OF PENAL JUSTICE WHICH INVOLVES IMPRISONMENT IS COMPARED TO THE CORPORAL PUNISHMENT PENALTIES OF ISLAMIC COUNTRIES TO THE DISADVANTAGE OF THE LEGAL SANCTIONS PRESCRIBED IN THIS COUNTRY.
Abstract
INTENDED FOR A GENERAL AUDIENCE, THIS ARTICLE DESCRIBES THE PENALTIES FOR VARIOUS OFFENSES IN ISLAMIC COUNTRIES, SUCH AS FLOGGING AND MUTILATION, WHICH ARE ADMINISTERED IN PUBLIC AND ARE DESTINED TO LEAVE A LASTING IMPRESSION IN THE RECOLLECTION OF BOTH CRIMINALS AND SPECTATORS. NO MATTER HOW CRUEL AND UNUSUAL SUCH PUNISHMENT MAY APPEAR TO WESTERN EYES, HOWEVER, IT IS ARGUED HERE THAT, GIVEN A CHOICE, THE MAJORITY OF OFFENDERS IN THIS COUNTRY WOULD PREFER ANY OF THEM TO INCARCERATION. CORPORAL PUNISHMENT HAS MORE RETRIBUTION IMPACT, AND SURELY A GREATER DETERRENCE EFFECT, THAN A PRISON SENTENCE. THIS IS IN SPITE OF THE FACT THAT IT DOES NOT CLAIM TO REHABILITATE. THE CONDITIONS IN UNITED STATES PRISONS ARE INHUMAN AND COUNTERPRODUCTIVE, CHARACTERIZED BY OVERCROWDING, UNSANITARY CONDITIONS, POOR TO INADEQUATE MEDICAL CARE, AND ABOVE ALL, EXPOSURE TO CONSTANT VIOLENCE BOTH AT THE HANDS OF GUARDS AND FELLOW INMATES. WHILE FAILING TO FULFILL THEIR STATED OBJECTIVES, PRISONS COST AN ENORMOUS AMOUNT OF MONEY. ALTERNATIVES TO INCARCERATION ARE THE ONLY HUMANE AND SENSIBLE SOLUTION TO THE PROBLEM OF CRIME. UNTIL THIS CRIMINALOGICAL PHILOSOPHY IS ACCEPTED BY THE POWER ESTABLISHMENT, CRUEL AND UNUSUAL PUNISHMENT WILL CONTINUE TO BE ADMINISTERED IN THIS COUNTRY AS WELL AS IN ISLAMIC NATIONS, THE ONLY DIFFERENCE BEING THAT IN THE LATTER THE PUBLIC IS ALLOWED TO WATCH. (LGR)