Land o’ Goshen, Montana’s getting kind of kinky! Or one of their legislators is, anyway. He’s appears to be into… spanking. Okay, maybe kinky wasn’t the right word. How about misguided? Or just plain nuts?
I mean, come on, flogging is so Les Miz ago.
Memo to GOP: Violence is not the answer. Guns are not the answer. Beating, flogging, spanking, or otherwise harming other human beings: none of these is the answer. Common sense laws are, reasonable punishment is, you get the idea.
The bill proposed by Rep. Jerry O’Neil (R-Columbia Falls) includes the following:
A BILL FOR AN ACT ENTITLED: “AN ACT ALLOWING A DEFENDANT TO BARGAIN FOR THE IMPOSITION OF CORPORAL PUNISHMENT IN LIEU OF OR TO REDUCE THE TERM OF ANY SENTENCE OF INCARCERATION AVAILABLE TO THE COURT FOR IMPOSITION; AMENDING SECTION 46-18-115, MCA; AND PROVIDING AN APPLICABILITY DATE.” BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Corporal punishment in lieu of incarceration. (1) Notwithstanding any other provision of law to the contrary, a person convicted of any offense by a court in this state, whether a misdemeanor or felony, may during a sentencing hearing as provided in 46-18-115 bargain with the court for the imposition of corporal punishment in lieu of or to reduce the term of any sentence of incarceration available to the court for imposition.
(2) The court and the person convicted of an offense shall negotiate the exact nature of the corporal punishment to be imposed, which must be commensurate with the severity, nature, and degree of the harm caused by the offender. If the court and the offender cannot agree on the exact nature of the corporal punishment to be imposed, the court shall impose a sentence as provided in 46-18-201.
(3) The imposition of a sentence under this section must be carried out by the sheriff of the county in which the crime occurred if the sentence for corporal punishment reduced or eliminated the term of incarceration in the county jail or by the department of corrections if the sentence reduced or eliminated the term of incarceration in the state prison. Any imposition of sentence pursuant to this section must be carried out within a reasonable time.
(4) For purposes of this section, “corporal punishment” means the infliction of physical pain on a defendant to carry out the sentence negotiated between the judge and the defendant.
No, he’s not kidding.
Corporal punishment, according to Merriam-Webster:
Infliction of physical pain upon a person’s body as punishment for a crime or infraction. Such penalties include beating, branding, mutilation, blinding, and the use of the stock and pillory. The term also denotes the physical disciplining of children in the schools and at home. From ancient times through the 18th century, corporal punishment was commonly used in instances that did not call for capital punishment, ostracism, or exile. But the growth of humanitarian ideals during the Enlightenment and afterward led to its gradual abandonment, and today it has been almost entirely replaced in the West by imprisonment or other nonviolent penalties.
H/t: The Lowdown