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Judges were not professionally trained [citation needed] so many of their decisions were unsatisfactory being the product of incompetence, capriciousness, corruption, and political manipulation. The use of torture to extract confessions and a wide range of cruel punishments such as whipping, mutilation, and public executions was commonplace.
It has been argued that the Act sought to preserve the well-being and encourage the breeding of existing slave populations to preserve the labour basis upon which the Caribbean's plantation economies were based. It does not appear that the provisions which prohibited cruel and unusual punishments were widely enforced.
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared ...
Senator (and future Chief Justice) Oliver Ellsworth was the drafter of the Crimes Act. The Crimes Act of 1790 (or the Federal Criminal Code of 1790), [1] formally titled An Act for the Punishment of Certain Crimes Against the United States, defined some of the first federal crimes in the United States and expanded on the criminal procedure provisions of the Judiciary Act of 1789. [2]
Most of the punishments were public, where heavy use of shame and shaming was included. Through the method of shaming, the criminal justice system meant more to teach a lesson than simply punish the offender. The "criminal" was almost always male. However, punishment for such crimes as witchcraft, infanticide, and adultery fell heavily on the ...
The efficacy of traditional, community-based punishments waned during the eighteenth century. [81] Penal servitude, a mainstay of British and colonial American criminal justice, became nearly extinct during the seventeenth century, at the same time that Northern states, beginning with Vermont in 1777, began to abolish slavery. [82]
Punishments were a matter of public or royal law, where the disciplinary power over slaves could be considered more severe than that for domestic servants yet less severe than that for soldiers. Masters could only chain and whip slaves "when they believe that their slaves deserved it" and cannot, at will, torture their slaves, or put them to death.
His essay entitled, "The Method of Procuring Slaves on the Coast of Africa; with an account of their sufferings on the voyage, and cruel treatment in the West Indies", describes the iron bit as having "a flat iron which goes into the mouth, and so effectually keeps down the tongue, that nothing can be swallowed, not even the saliva, a passage ...