ABSTRACT

Incarceration is a sensible penalty in the minority of cases where criminals are so dangerous that we may justly remove them from society in order to protect ourselves. Incarceration is a far more barbaric and inhumane practice. Indeed, if given the choice, Americans should replace incarceration with caning. Caning is a form of corporal punishment in which an officer lashes a criminal offender's buttocks or feet with rattan cane. When a criminal is convicted, he is immediately brought to a caning station. There, a trained medical doctor evaluates the criminal to ensure he is healthy enough to withstand the caning. This chapter considers each of the following putative purposes and asks how caning fares compared to incarceration. They are Retribution, Rehabilitation, Deterrence, Communication, Restitution, and Removal/incapacitation. The chapter discusses that for most of 1–6, caning is probably superior to incarceration. However, one might argue that "good" incarceration is better than caning, and show that caning is better than "bad" American-style incarceration.