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Pupils engaged in sport at the recreation ground, St Patrick's Dominican Convent, Teschemakers, North Otago. - Otago Witness, 5.2.1913 Copies of picture available from ODT front office, Lower Stuart St, or www.otagoimages.co.nz |
Sentences imposed by Mr Justice Edwards upon certain
convicted persons at the criminal sessions in Auckland will
probably have attracted a measure of public attention in that
they involve the infliction of flogging as part of the
punishment.
The question of the desirability or efficacy of the lash as a
punitive instrument is an old subject of controversy, and it
is not to be expected that there will be entire agreement
upon the subject among all the members of this or any other
modern community. To whatever extent public opinion may be
opposed to the infliction in general of floggings upon
offenders, there seems good reason, however, why it should
acquiesce in the opinion that the use of the lash as a
deterrent influence is called for in the case of persons
convicted of sexual offences.
The conflict of opinion which is liable to be excited when
any impression is created that there is likely to be a
revival of flogging as a practice associated with the
administration of justice was illustrated in the Old Country
recently by the discussion of the flogging clauses in what
was known as the White Slave Traffic Bill.
The Government was subjected to a considerable measure of
criticism in certain quarters for promoting legislation that
once more authorised the use of the lash as punishment for
crime, but Parliament undoubtedly had the balance of popular
opinion on its side in favouring this extension of the range
of corporal punishment in the criminal code. There are those
who contend that such a step is retrogressive, but they are
scarcely fair in their presentment of the case. The question
of a general revival of the use of the lash was never at
issue.
It was only the question of its use in special cases with
which the Imperial Parliament was concerned. It is argued
that to flog a man brutalises and degrades him, and this may
be true enough as a general rule. But there are human beings,
unfortunately, of a type already so brutalised and degraded
that no form of punishment other than corporal punishment is
capable of making a sufficient impression upon them.
A sentiment which may be admirably used in reference to
normal human nature is frequently misplaced when it is
applied to the class in which procurers and those guilty of
certain sexual offences belong.
Corporal punishment has a very real deterrent influence,
whatever may be said to the contrary, and if it be restricted
to a particular type of offence it may have valuable results.
It separates these offences from all others, and by showing
in what utter abhorrence healthy opinion regards them it does
something to make even the worst of men realise their
enormity. - ODT, 28.2.1913
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