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Bill: Lex Oppidia de Poenis

Details

Submitted by[?]: Factio Republicana Socialistica

Status[?]: passed

Votes: This is an ordinary bill. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: October 4373

Description[?]:

Oppidian Law on Punishments

Senators,

Modern imprisonment practices emerged as an alternative to corporal punishment as a system to "cure" and correct criminals rather than punish them. But in that it has failed miserably. Prisons not only fail to reform criminals, they lead to more criminality. Which is not surprising given that what they do is place all criminals in one place, where non-violent law offenders form networks with violent criminals, turning our prisons into schools of crime. And instead of being a humane alternative, prisons are nothing but a form of torture. How else could one describe being trapped in a living tomb for years, being cut off from family and friends and being denied employment and free movement, being forced to join gangs and fear for one's life, and often being subjected to non-consensual prison sex? In comparison, corporal punishment, barbaric as it may seem to more "civilized" members of society, is downright benevolent. It will save the Republic countless Nikan needlessly spent on our expansive and inefficient prison system, it will lead to increased deterrence, and will make sure incarceration is used primarily for violent offenders who are deemed a threat to the public.

For this reason the Republican Party moves to restore judicial caning as a voluntary alternative to incarceration. Given that most offenders will have a choice between imprisonment and caning, this law is to be applied exclusively on a voluntary basis to willing recipients. Should this law pass, the Republic will introduce judicial corporal punishment, under the following conditions:

I. All those convicted of a crime resulting in a prison sentence of at least one year will be allowed to voluntarily alter their prison sentence to an equivalent of one stroke of the cane per six months of jail time.

II. The offender shall receive no more than 40 strokes of the cane on any one occasion, irrespective of the total number of offences committed.

III. Caning is to be carried under strict medical supervision by a trained medical officer. The medical officer is to certify that the offender is fit to undergo the procedure and verify the offender's medical fitness for its entire duration.

IV. Caning must not be carried out in installments. Should the medical officer, at any point during the procedure, certify that the offender is no longer in a fit state to receive the remainder of the punishment, the procedure must be stopped, and the offender returned to the court for the remainder of strokes to be converted to the equivalent prison term.

V. Caning is to be applied over the bare buttocks, and protective gear is to be worn by the offender to avoid damage to vital organs, such as the kidneys or the spine.

VI. Caning is to always be applied in private by a trained and physically fit caning officer, who is to maximize the physical and psychological pain caused by caning without causing lasting damage.

VII. Caning is to be applied with either a single cane or fasces of canes, not exceeding a total of 1.30 cm in diameter.

VIII. The following categories of offenders may not apply for caning and must carry out their prison sentence:
* Offenders convicted of first-degree murder
* Violent sexual offenders
* Repeat sexual offenders
* Repeat violent offenders
* Offenders convicted of sexual crimes against minors
* Offenders sentenced to death whose sentences have not been commuted
* Offenders under the age of 16 or over the age of 65

Postumus Oppidius Hortensius
Senator

Proposals

Debate

These messages have been posted to debate on this bill:

Date23:57:26, April 02, 2018 CET
FromLegio Nationalis
ToDebating the Lex Oppidia de Poenis
MessageSenator Hortensius,

We may be able to support this bill. However, we think an important part of the reason for imprisonment - keeping our streets free of thieves, thugs, and other miscreants - is being neglected. We see that you agree at least somewhat with this line of thinking based on your proposed categories of criminals that would be unable to escape incarceration, but this proposition still leaves dangerous people such as those convicted of burglary or assault and battery free to walk away after corporal punishment. What assurance do we have that the cane will prevent repeat offenses, especially when those we cane are heading right back to the same environment that, through poverty or the presence of gangs, usually facilitated their criminal actions to begin with?

Martinus Varro
Coetus Dux

Date09:37:21, April 03, 2018 CET
FromFactio Republicana Socialistica
ToDebating the Lex Oppidia de Poenis
MessageSenators,

Mr. Varro raises an excellent point. The proposal has been amended to include repeat violent offenders in the category of offenders that cannot forgo incarceration.

Postumus Oppidius Hortensius
Senator

Date03:09:35, April 04, 2018 CET
FromLegio Nationalis
ToDebating the Lex Oppidia de Poenis
MessageWe would be willing to accept this bill in its current form

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Voting

Vote Seats
yes
  

Total Seats: 440

no
  

Total Seats: 202

abstain
 

Total Seats: 108


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