To Birch Or Not To Birch Efforts Of Judicial... (Press, 16 December 1969)

On 16 December 1969, the debate over the reintroduction of judicial corporal punishment, specifically birching and flogging, has gained prominence amid rising concerns about vandalism and violent behaviour. While some supporters of corporal punishment express frustration with the current state of crime and advocate for immediate action, their views vary widely in terms of rationality and emotion. The article discusses both informed supporters and more extreme proponents who erroneously believe that violence can be solved through similar forms of punishment. The piece presents a questionnaire intended to gauge public understanding of judicial corporal punishment. It raises several critical questions about the practice, its administration, its effects, and expert opinions on its efficacy. For instance, it queries whether individuals are aware of how such punishment is administered and whether they have engaged with serious, impartial studies on the subject, such as the Cadogan and Barry Reports from the United Kingdom. These commissions, upon thorough investigation, concluded that reintroducing corporal punishment was unjustifiable; it does not serve as a deterrent and can lead to worsening behaviours among offenders. One focus of the article is the administration process of judicial corporal punishment, emphasizing that it involves restraining the offender and administering strokes with the presence of a medical professional. Despite any perceived authority of the punishment, the New Zealand Prison Officers’ Association has voiced its opposition to the method, claiming it to be ineffective and dehumanising for both the punisher and the punished. Moreover, the discussion highlights that corporal punishment tends to be supported by those expressing retributive justice without a comprehensive view of its real-life consequences. It points out that many offenders who received such punishment continued to reoffend, suggesting that corporal punishment does not effectively deter crime. Specifically, data indicates that those who had experienced flogging or birching had higher rates of subsequent criminal activity compared to non-punished individuals. Questions regarding sexual offences reveal a consensus among experts that corporal punishment would not be appropriate, as it might even gratify certain offenders psychologically. With respect to deterrent value, the evident absence of a measurable impact on crime rates following the abolition of corporal punishment is discussed. Various statistics illustrate that the fears surrounding a possible increase in crime following the abolishment have proven unfounded. The article ultimately questions whether society desires punishment or rehabilitation for offenders. It asserts that punishment often counteracts rehabilitation efforts, leading to higher recidivism rates. The solution, according to the article, does not lie in punitive measures but rather in addressing the underlying sociological issues that lead to criminal behaviour. The next article in the series is set to explore available facilities for rehabilitation and the broader societal structures contributing to these problems.

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