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Spankings or Jail? One State lawmaker says let them have a choice

Posted by on Feb. 3, 2013 at 10:49 AM
  • 30 Replies


Rep. Jerry O'Neil Proposes "Corporal Punishment" for Offenders

http://www.opposingviews.com/i/society/crime/rep-jerry-oneil-proposes-corporeal-punishment-offenders

By Ashley Davis, Thu, January 31, 2013

A lawmaker in Montana is attempting to pass a law that gives criminals the option of choosing "corporal punishment in lieu of incarceration." 

Rep. Jerry O'Neil, a Republican, said the legislation would apply for misdemeanor crimes and some felonies. 

It states: "for purposes of this section, 'corporal punishment' means the infliction of physical pain on a defendant to carry out the sentence negotiated between the judge and the defendant." 

The nature and level of pain will equal the "severity, nature, and degree of the harm caused by the offender."

Punishment will be carried out by local sheriffs if the offender choses to avoid jail time. 

The actual method of inflicting pain has not been discussed. 

Despite attempting to "tamp down" any bills that Democrats might use to embarrass the GOP, O'Neil is sticking with this legislation.

John S. Adams of the Great Falls Tribune wrote on his blog, "Republican leadership has been doing its best to tamp down any potential bills the other side might use to embarrass the GOP as they work to craft a budget. This one apparently didn't get tamped."

The lawmaker has a history of public controversy. 

O'Neil previously demanded that the state pay his salary in silver and gold because he misread a portion of the U.S. Constitution that forbids states from making their own paper currency. 

You can read the bill here.  

from the bill: 



Quote:

NEW SECTION.  Section 1.  Corporal punishment in lieu of incarceration. (1) Notwithstanding any other provision of law to the contrary, a person convicted of any offense by a court in this state, whether a misdemeanor or felony, may during a sentencing hearing as provided in 46-18-115 bargain with the court for the imposition of corporal punishment in lieu of or to reduce the term of any sentence of incarceration available to the court for imposition.

(2)  The court and the person convicted of an offense shall negotiate the exact nature of the corporal punishment to be imposed, which must be commensurate with the severity, nature, and degree of the harm caused by the offender. If the court and the offender cannot agree on the exact nature of the corporal punishment to be imposed, the court shall impose a sentence as provided in 46-18-201.

(3)  The imposition of a sentence under this section must be carried out by the sheriff of the county in which the crime occurred if the sentence for corporal punishment reduced or eliminated the term of incarceration in the county jail or by the department of corrections if the sentence reduced or eliminated the term of incarceration in the state prison. Any imposition of sentence pursuant to this section must be carried out within a reasonable time.

(4)  For purposes of this section, "corporal punishment" means the infliction of physical pain on a defendant to carry out the sentence negotiated between the judge and the defendant.

Should states get in the business of doling out spankings rather than jail time?  

by on Feb. 3, 2013 at 10:49 AM
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Replies (1-10):
paganbaby
by Teflon Don on Feb. 3, 2013 at 11:07 AM
1 mom liked this

I think it's a great idea. May I suggest caning? I hear they've gotten great results from it in Asian countries :-)

Sekirei
by Nari Trickster on Feb. 3, 2013 at 11:08 AM
1 mom liked this

*smack*

I would love to watch that LOL

desertlvn
by Silver Member on Feb. 3, 2013 at 11:10 AM

Sounds weird. I'd be in favor of hard labor though.

AdellesMom
by on Feb. 3, 2013 at 11:11 AM
1 mom liked this
Interesting. Lol
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idunno1234
by Silver Member on Feb. 3, 2013 at 11:20 AM

Way too many people who end up in the court system are there for crimes related to their addictions.   Neither caning or prison is the appropriate place for this.

"...a person convicted of any offense by a court in this state, whether a misdemeanor or felony, may during a sentencing hearing as provided in 46-18-115 bargain with the court for the imposition of corporal punishment in lieu of or to reduce the term of any sentence of incarceration available to the court for imposition."

As for violent convicted felons, they belong in prison, away from the general population, period.

Study after study has shown that a large percentage of the prison population came from abusive homes.  Wondering by what logic inflicting more violence on someone who is already screwed up due to childhood abuse is supposed to be a good idea. 

 

Veni.Vidi.Vici.
by on Feb. 3, 2013 at 11:22 AM
1 mom liked this

I hate this idea. I find that community service can be a form of corporal punishment if it's vigorous enough. A spanking is inappropriate and humiliating in a very wrong way IMO.

LoveMyBoyK
by Ruby Member on Feb. 3, 2013 at 11:26 AM
5 moms liked this
I am moving there and speeding ALL The time:D
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katy_kay08
by on Feb. 3, 2013 at 11:30 AM

LMAO!

Quoting LoveMyBoyK:

I am moving there and speeding ALL The time:D


SunshneDaydream
by Silver Member on Feb. 3, 2013 at 11:32 AM

I think it's stupid.   Anyone can withstand some beatings, and then go right back on the streets and continue breaking the law.  One instance of corporal punishment vs years of incarceration?  It's a no-brainer!  Criminals need to be locked away for a period of time and then supervised closely upon their release.  I'm not saying our justice system is perfect, but this seems like a bad idea. 

gammie
by on Feb. 3, 2013 at 12:04 PM


I agree with this!

Quoting Veni.Vidi.Vici.:

I hate this idea. I find that community service can be a form of corporal punishment if it's vigorous enough. A spanking is inappropriate and humiliating in a very wrong way IMO.



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