Of Flogging and Electric Shock: A Comparative Tale of Colonialism, Commonwealths, and the Cat-o'-Nine Tails

. Serious wounding experienced a sharp increase in 1985, then returned to normal levels, followed by incremental annual increases. Id. Housebreaking, on the other hand, decreased slightly in 1985, only to be followed by an explosive rise in the two following years. Id. at 289-90. The tougher rape laws, however, may have had at least a temporary effect. Something-longer sentences, increased public awareness of the problem, or other factors-caused 1985 and 1986 reported rape figures to plunge from 1984 levels by 25% and 33%, respectively, and then slowly rise. Id. But not until 1990, when all violent crime rates jumped, did the rape figures suddenly exceed their previous 1981 to 1983 all-time highs. Compare STATISTICAL ABSTRACT, supra, at 286-87 with Recorded Crime figures for 1989 and 1990, supplied directly by the Bahamian Police Department in Nassau (on file with University of Miami Inter-American Law Review). 36. 1988 BAHAMAS PRISON SERVICE ANN. REP., supra note 25, at 36-37; 1987 BAHAMAS PmSON SERVICE ANN. REP., supra note 25, at 38-39. 37. See Delroy Chuck, A Public Lecture on the Politics of Crime, W. INDIAN L.J., Oct. 1986, at 79, 89 (discussing general Caribbean trend toward increasing legislation to control morality). Chuck has argued elsewhere that courts are widely disparate in their sentencing practices. See Delroy Chuck, The Problem of Sentencing: A Sceptical Outlook, W. INDIAN L.J., May 1987, at 97 (arguing for the adoption of sentencing guidelines). 38. Introduction to 1988 BAHAMAS PRISON SERVICE ANN. REP., supra note 25. Significantly, over 32% of the total detentions in 1988 were for breaches of immigration laws. Id. at 3. In sheer volume, the number of immigration-related detentions in 1988 increased over 300% from 1987. Id. at 37. 39. DEPARTMENT OF STATISTICS, COMMONWEALTH OF THE BAHAMAS CENSUS OF POPULATION AND HOUSING, CENSUS 1990: PRELIMINARY RESULTS 2 (undated). 40. Bahamas, IBC INT'L CouNTRY RISK GUIDE, Dec. 1990, available in LEXIS, Report Library, IBCCRG File [hereinafter, IBC 1990]. See also STATISTICAL ABSTRACT, supra note 35, at 39 (noting that the flow of refugees has become a major problem for Bahamian immigration authorities). INTER-AMERICAN LAW REVIEW increase in disputes, fights, injuries, and subsequent arrests is easy to imagine. Economic factors too, played a part in increased crime rates. Until recently, the Bahamas enjoyed prosperous economic conditions relative to most other states in the Commonwealth. Since the mid-1980s, however, the major Bahamian industries-banking and tourism-have suffered." One blow to banking occurred when, under U.S. pressure, the Bahamas relaxed its bank secrecy laws to allow U.S. authorities access to the accounts of suspected drug smugglers. Relaxation of bank secrecy laws, combined with the government's anti-drug smuggling efforts, stemmed the flow of drug money that had buoyed the Bahamian economy since it gained independence in 1973.42 The Bahamas' tourism industry suffered its first big downturn when the U.S. stock market crashed in October of 1987. "s The industry had not yet recovered when the 1990 Iraqi invasion of Kuwait further crippled tourism by inflating oil prices and keeping many fearful American tourists home." The U.S. recession has continued to hurt the industry, as has the increased popularity of cruise ships whose passengers do not stop over in the Bahamas."5 Unemployment, at 11.7% by the end of 1989, increased with the layoffs from the Crystal Palace and Resorts International. 46 The influx of Haitian immigrants has exacerbated the employment situation and stretched social services to the limit. 47 Ethnic tensions, unemployment, and other social ills spawned new waves of crime laws. According to the government, drug addiction and gun smuggling have become major problems leading to increased violence.1 In 1988, the Bahamas passed the Dangerous Drug Act, which increased maximum prison terms for drug offenses and imposed a minimum mandatory life sentence for conviction of possessing more than ten pounds of marijuana, two 41. Bahamas, IBC INT'L COUNTRY RISK GuIDE, Dec. 1989, available in LEXIS, Reports Library, IBCCRG File [hereinafter, IBC 1989]. 42. IBC 1990, supra note 40. 43. IBC 1989, supra note 41. 44. Peter D. Maynard, The Bahamian Economy in 1992, GOOMBAY, Jan.-Feb. 1992, at 115. 45. Id. 46. Id. at 116. 47. IBC 1990, supra note 40. 48. See generally 1988 ROYAL BAHAMAS POLICE ANN. REP. [Vol. 24:1