Legal Dictionary

caning

Definition of caning

Verb

caning

  1. Present participle of cane.

Noun

caning (plural canings)

  1. A beating with a cane.

Further reading

Caning is a form of corporal punishment consisting of a number of hits (known as "strokes" or "cuts") with a single cane usually made of rattan, generally applied to the offender's bare or clothed buttocks (see spanking) or hand(s) (on the palm). Application of a cane to the knuckles or the shoulders has been much less common. Caning can also be applied to the soles of the feet (foot whipping). The size and flexibility of the cane and the mode of application, as well as the number of the strokes, vary greatly-from a couple of light strokes with a small cane across the seat of a junior schoolboy's trousers, to 24 very hard, wounding cuts on the bare buttocks with a large, heavy, soaked rattan as a judicial punishment in south-east Asia.

The thin cane generally used for corporal punishment is not to be confused with a walking stick, sometimes also called (especially in American English) a "cane" but which is thicker and much more rigid, and more likely to be made of stronger wood than of cane.

Scope of use

Caning was a common official school and judicial punishment in many parts of the world in the nineteenth and twentieth centuries. Corporal punishment (with a cane or any other implement) has now been outlawed in much, but not all, of Europe. However, caning remains legal in numerous other countries in home, school, religious, judicial or military contexts, and is also in common use in some countries where it is no longer legal.

Judicial use

Judicial caning, administered with a long, heavy rattan and generally 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). In some countries caning is still in use in the post-independence era, particularly in Southeast Asia (where it is now being used far more than it was under British rule), and in some African countries.

The practice is retained, for male offenders only, under the criminal law in Malaysia, Singapore and Brunei. (In Malaysia there is also a separate system of religious courts for Muslims only, which can order a much milder form of caning for women as well as men.) Caning in Indonesia is a recent introduction, in the special case of Aceh, on Sumatra, which since its 2005 autonomy has introduced a form of sharia law for Muslims only (male or female), applying the cane to the clothed upper back of the offender.

African countries still using judicial caning include Botswana, Tanzania, Nigeria and, for juvenile offenders only, Swaziland and Zimbabwe. Other countries that used it until the late 20th century, generally only for male offenders, included Kenya, Uganda and South Africa, while some Caribbean countries such as Trinidad and Tobago use birching, another punishment in the British tradition, involving the use of a bundle of branches, not a single cane.

In Singapore, Malaysia and Brunei, healthy males under 50 years of age can be sentenced to a maximum of 24 strokes of the rotan (rattan) cane on the bare buttocks; the punishment is mandatory for many offences, mostly violent or drug crimes, but also immigration violations, sexual offences and (in Singapore) acts of vandalism. It is also imposed for certain breaches of prison rules. The punishment is applied to foreigners and locals alike.

Two examples of the caning of foreigners which received worldwide media scrutiny are the canings in Singapore in 1994 of Michael P. Fay, an American student who had vandalised several automobiles, and in the United Arab Emirates in 1996 of Sarah Balabagan, a Filipina maid convicted of homicide.

Caning is also used in the Singapore armed forces to punish serious offences against military discipline, especially in the case of recalcitrant young conscripts. Unlike judicial caning, this punishment is delivered to the soldier's clothed buttocks.

Effects

Caning with a heavy judicial rattan of the Singapore/Malaysia kind can leave scars for years, at any rate where a large number of strokes are inflicted. However, this should not be confused with an ordinary caning with a typical light rattan (used at home for punishing children), which, although painful at the time, would leave only reddish welts or bruises lasting a few days.

Cane types

The Singapore cane, used in Malaysia, Singapore and Brunei for the judicial and prison punishment of adult criminals, is half an inch in diameter and 4 ft (1.2 m) long, and can cause deep wounds and permanent scars if a large number of strokes is inflicted in the manner that is used there.

The different varieties of rattan used are sometimes preferred because of their intrinsic severity. Of these, the common kooboo is considered lighter (if the same size) than the denser Dragon Canes; other common types bear geographical names such as Malacca (a peninsular Malaysian state) and Palembang (a city on Sumatra, Indonesia). These esoteric distinctions may be of interest to connoisseurs, but they are not something the average schoolmaster would have been concerned with.

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



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