Corporal Punishment in the 21st Century: An Examination of Supreme Court Decisions in the 1990's to Predict the Reemergence of Flagellance

• NCJ Number: 199257
• Journal: Journal of Crime & Justice Volume: 25 Issue: 2 Dated: 2002 Pages: 97-120
• Author(s): Sean Maddan; William Hallahan
• Editor(s): J. Mitchell Miller
• Date Published: 2002
• Length: 24 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This article examines the legal cases responsible for the abandonment of corporal punishment and the possibility of its reemergence in the 21st Century.

Abstract

The relationship between the mood of the Supreme Court and a favorable decision toward the reinstitution of corporal punishment policies in correctional institutions is the focus of this paper. The authors begin by providing a brief overview of the history of corporal punishment and then review the literature concerning the legal decisions that led to the demise of this practice in the 1960's in the United States. The Eighth Amendment, which deals only with criminal punishment, is discussed as it relates to cruel and unusual punishment and the evolution of its interpretation as public opinion became enlightened by humane justice concepts. The study methodology limited the concept of corporal punishment to the whippings of inmates and used a two-prong approach. A content analysis of court cases pertaining to whipping in the 20th Century was conducted for this study. Supreme Court decisions regarding any type of correctional issue, from January 1, 1990, to December 31, 1999, were analyzed to attempt to determine the mood of the Supreme Court by studying the language used by the Justices with regard to other correctional issues. It was found that the mood of the Supreme Court has changed in political orientation since the 1960's such that corporal punishment having well thought out policies and procedures could resurface in correctional institutions and could likely be declared constitutional. A limitation to this study is noted, as decisions that came from lower courts, such as the Federal Courts of Appeals, were not examined here. It is recommended that future research be done to determine where Americans stand on the subject of corporal punishment in both prisons and in relation to children and its use in schools. Tables provide information on Supreme Court Cases in the 1990's and the types of justices on the Court. Lists of references and cited cases are provided.