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Today birching is rarely used as a judicial punishment, and it has also almost completely died out as a punishment for children. In the United Kingdom, birching as a judicial penalty, in both its juvenile and adult versions, was abolished in 1948, but it was retained until 1962 as a punishment for violent breaches of prison discipline.
Judicial birching was abolished in the Isle of Man in 1993 following the 1978 judgment in Tyrer v. UK by the European Court of Human Rights. [64] The last birching had taken place in January 1976; the last caning, of a 13-year-old boy convicted of robbing another child of 10p, was the last recorded juvenile case in May 1971. [65]
By a majority of six votes to one, the court held Tyrer's birching to constitute degrading treatment contrary to the Article 3 of the European Convention on Human Rights. [2] Significant conclusions of the case included that "the Convention is a living instrument which, as the Commission rightly stressed, must be interpreted in the light of ...
In the Roman Empire, the maximum penalty which a Roman citizen could receive under the law was 40 "lashes" or 40 "strokes" with a whip which was applied to the back and shoulders, or 40 lashes or strokes with the "fasces" (similar to a birch rod, but consisting of 8–10 lengths of willow rather than birch) which were applied to the buttocks ...
The tamarind switch (in Creole English tambran switch) is a judicial birch-like instrument for corporal punishment made from three tamarind rods, braided and oiled, used long after independence in the Caribbean Commonwealth island states of Jamaica and Trinidad and Tobago. [2]
This category is itself a subcategory of Physical punishments: all corporal punishments are physical, but not all physical punishments (e.g. capital punishment or amputation) are what is meant by "corporal punishment".
The tawse was also used for judicial corporal punishment in Scotland as an alternative to the more usual birch. Courts could sentence boys of over 14 but under 16 to up to 36 strokes with an extra-heavy tawse for any offence. This was administered to the offender's bare buttocks. Judicial corporal punishment was abolished in 1948.
Judicial caning, administered with a long, heavy rattan and much more severe than the canings given in schools, was/is a feature of some British colonial judicial systems, though the cane was never used judicially in Britain itself (the specified implements there, until abolition in 1948, being the birch and the cat-o'-nine-tails).
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