Montana drafts new bill giving felons the option of being spanked

[dballance]

4. I Just Never Understand What These People are Thinking

From the proposed bill:

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.

Why are they trying to make us just like some of the countries we decry because of their use of physical pain as punishment? We regularly call them inhuman and contend they are in violation of human rights laws. Do these lawmakers want implement the lash or begin caning people? Those are the two most popular forms of corporal punishment in other countries that are uncivilized enough to use corporal punishment still.

And what input do the victims of the crimes get into this whole disastrous idea? Shouldn't they have some say in the negotiations to ensure the punishment is "commensurate with the severity, nature, and degree of the harm caused by the offender" as the bill requires?

I suspect if this law is ever passed it will be found unconstitutional under the 8th Amendment: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." I hope to high heavens that judges would find that the use of corporal punishment is "cruel and unusual" within our current societal norms of today.