Poorly constructed laws are not an excuse to abandon the prison system

The proposition does nothing to address the root cause of overcrowding in prisons and “over-inclusive” penal codes. The problems inherent in the status quo are not solved by flogging. The strain placed on penal institutions and systems of sentencing originates in a political culture that cynically exploits public fear of crime and social breakdown to win votes and project power. As noted above, many law makers frequently set out to “discover” or “invent” new forms of criminal offence, in order to appear proactive in reducing criminality or protecting communities from state or corporate graft[i]. Dogmatic and over-zealous responses to existing problems can also transform civil or disciplinary issues into crimes. A case in point is Indian anti corruption campaigners’ insistence on the use of a broad and open definition of “bribery” in a proposed open-government law. Under the “three strikes” implemented in the US state of California, approximately 3700 non-violent repeat offenders are serving life sentences[ii]. A US medical specialist received a twenty five year prison term when a number of his patients, without his knowledge, were found to have been illegal selling the drugs he had prescribed to them.  Additionally, the practice of electing judicial officials in states such as the US incentives candidates to hand out sentences or file charges that generate a positive public response, whether or not they are suitable response to the actions and circumstances of offenders[iii]. The resolution purports to discipline and restrain criminals, but does nothing to discipline and restrain law makers. Simply replacing custodial sentences with flogging will do nothing to address the factors that have led to an unreasonable expansion of penal law. The process of excessive criminalisation may even be accelerated, as the reduced cost of flogging over imprisonment encourages policy makers to turn to corporal punishment as a populist, knee-jerk response to civil disorder or moral panics. Evidence of the inappropriate use of corporal punishment has already emerged from states such as Singapore, where, in 1995 a 48-year-old French citizen was caned for breaking the conditions of his Visa. Corporal sentences have also been given to Singaporean citizens convicted of vandalism and criticising Singapore’s judiciary. In Malaysia during 2010 and 2009[iv], state-sanctioned religious courts ordered the caning of four women who had admitted to extra marital affairs and drinking alcohol[v] – the first sentences of their kind in the history of the modern Malaysian state. [i] “Rough Justice in America”, The Economist, 22 July 2010, http://www.economist.com/node/16636027 [ii] “Rough Justice in America”, The Economist, 22 July 2010, http://www.economist.com/node/16636027 [iii] “Rough Justice in America”, The Economist, 22 July 2010, http://www.economist.com/node/16636027 [iv] “Malaysia canes women for adultery”, Al Jazeera English, 18 February 2010, http://english.aljazeera.net/news/asia-pacific/2010/02/201021844619366612.html [v] “Malaysia in heated debate over caning of woman”, World Corporal Punishment Research, 25 July 2009, http://www.corpun.com/09archive/myj00907.htm#21492