Whipping

The infliction of stripes. This mode of punishment, which is still practised in several states, has yielded in most of the states to the penitentiary system. It is still used in Maryland for wifebeating, and in Delaware for all felonies (but not for women). Whipping has been held to be punishment worse than death; Herber v. State, 7 Tex. 69; but see State v. Williams, 2 Rich. (S. C.) 418, 45 Am. Dec. 741. It is not a “cruel or unusual punishment”; Foote v. State, 59 Md. 264. The punishment of whipping, so far as the gress of February 28, 1839, s. 5. See Correction; Seamen. At common law whipping was inflicted on inferior persons for petty larceny, etc.; but by the usage of the star chamber, never on a gentleman. 4 Steph. Com. 379. By 1 Geo. IV. c. 57, It was abolished as to women. By 5 & 6 Viet, striking or firing at the queen is punishable with whipping thrice or fewer times. The Criminal Law Consolidation Acts of 1861 authorize the whipping of males below 16 who have been convicted of sending letters threatening to kill; placing explosives near a house, ship, etc.; defiling a girl under 13 years of age; robbing with violence (not over twenty-five stripes); but it must be done in private and only once, and the court must specify the number of strokes and the instrument By 25 Viet. c. 18, for boys under 14, the number of stripes shall not exceed twelve with a birch rod. For the offences of robbery accompanied with personal violence, and of attempting by any means to strangle or to render insensible any one with intent to enable himself or others to commit an indictable offence, in addition to imprisonment, the 24 & 25 Viet. c. 100, and 26 & 27 Viet. c. 96, direct that the offender, if a man, be once, twice, or thrice privately whipped. See Whart. Lex. Juvenile offenders may in some cases be sentenced to receive 12 strokes with a birch rod. By act of 1932, whipping shall be privately done and the sentence shall specify the number of strokes and the instrument. It Is forbidden by the constitution of South Carolina and Georgia, except that in Georgia convicts can be so punished. So in North Carolina; see State v. Morris (N. C.) 81 S. E. 4G2. Whipping (but not of females) is a method of punishment in Canada under the Code for an assault on the king, burglary when armed, choking or administering a narcotic when committing an indictable offence, and for carnal knowledge of a girl under 14, or an attempt thereto. It is in most cases to be administered one, two or three times, the number of times and of strokes, and the whip, to be fixed in the sentence; otherwise to be the cat-o’-nine-tails. It Is generally understood that corporal, punishment is still in use in the English public schools, although rarely administered; the cane has been substituted for the birch. The same substitution was made in 1910 at Eton for the upper form boys, but the former practice still obtains there for the younger boys. It Is in use in some penal institutions as a means of discipline. See Assault.

Punishment by the infliction of stripes. Whipping-post. A stake to which an ofifender is tied to receive stripes; punishment by whipping. At common law, whipping was inflicted on inferior persons for petty larceny and vagrancy, and it accompanied sentences of imprisonment in a few other cases.* Abolished, as to female delinquents, by 1 Geo. IV (1820), c. 57. Later statutes, notably 24 and ^ Vict. (1861J, and 26 and 27 Vict. (1863), prescribe the offenses, ageg, number of strokes, and the instrument. The punishment of whipping shall not be inflicted.' The Great Law of the Provmce of Pennsylvania, by enactment of 1684, provided that twenty-one stripes Jones, Eq. 347; 6 Ves. Jr. 243; 16 C. B. B9; 7 Ves. 432; 11 id. 489. i Minnig v. Batdorfl, 5 Pa. 606 (1847), cases; Letchworth's Appeal, SO id. 175 (1858); 1 Call. 175; 5 Watts, 436. ! Sutton V. West, 77 N. C. 431 (1877); Fisher v. Johnson, 38 N. J. E. 47 (1884). » Eobinson v. Greene, 14 K. 1. 188 (1883), Durfee, 0. J. * Manderson v. Lukens, 23 Pa. 31 (1854). 5 [Lee V. Cook, 1 Wyom. 419 (1878), Peck, J. should be inflicted where no other number was presdribed.i The Maryland act of 1882, c. 120, which provides that any person who shall brutally assault and beat his wife, shall, upon conviction, be sentenced to be whipped, not exceeding forty lashes, or be imprisoned for a term not exceeding one year, or both, in the discretion of the court, is not in contravention of the Vlllth Amendment to the Constitution of the United States, which forbids inflicting "cruel and unusual punishments," since that is a restraint upon Congress only: nor is it in contravention of the like prohibition in the constitution of Maryland. The provision appears in 1 W. and M. (1689), stat. 2, c. 2, and in the declarations of the rights of the State promulgated in 1776, i860, 1864, and 1867. From 1776 to 1819, the punishment of whippmg for certain offenses was imposed upon whites and negroes alike, and upon negroesalone until the adoption of the constitution of 1864. The word " brutal," in the act of 1882, has its ordinary, popular meaning."