Modern Punishment

Michel Focault describes at the beginning of his book, Discipline and Punish, a scene by which a murderer was publicly and inhumanely tortured and executed. After the grotesque picture he paints, he describes a very strict and specific schedule created by Leon Faucher 80 years later for a prison in Paris, thus comparing the very drastic change in structures of punishment by the judicial systems during the short time span. Focault mentions how strange it was for physical discipline to just disappear completely. Under the pretense of humanization, public spectacles of torture became no longer acceptable and eventually public executions began to decrease. But, he satirically asks, "how important is such a change, when compared with the great institutional transformations, the formulation of explicit, general codes and unified rules of procedure; with the almost universal adoption of the jury system...?" (7). In other words, why bother analyzing the distinctive motive behind this change, when the majority of society has essentially already accepted and adopted a "better" institutionalized method? One where the justice system holds a unnecessary portion of power, buildings detain the convicted, and science solves everything. Focault indicates that we should be looking for the answer.

The Guillotine - looks like the event of the year

I found this question really interesting, because living in the Bahamas all of my life (and this is in no way everyone's view, but it is the majority), I was brought up believing the capital punishment was the primary way to deter crime; as the crime rate continued to increase, so did this ideology. Hanging used to be a public spectacle and then all of a sudden it disappeared. In the past, Focault explains that there is a reason why we moved in a new direction - attacking the soul. But why is it that we have dismissed punishment of the physical kind and now look for a motivation - an intent - in an attempt to both punish and reform the human soul, rather than punish the offender based on the actual crime committed? First and foremost, according to Focualt, this change is a direct result of the judicial system's attempt to physically separate the judges and the executioners from the actual punishment, somehow making it morally acceptable to them (in my opinion, probably because of the church). By making the punishment more humanized, more individualized, they were relieved of the burden of physical punishment and the shame of being considered the villain, while criminals were pitied. Second, in punishing the soul and not the body, discipline became more about reforming the individual and making them a better person (that's debatable - its possible that they just wanted some kind of mental breakdown show, in my opinion). Therefore, scientists with knowledge of the mind were given power to define a persons offense based on their normalcy - placing the crime in context rather than as just the offense, as if the crime had some kind of authorship that we had to review to truly understand their actions. Furthermore, they were able to provide what they felt was appropriate sentencing as such. Incidentally, no executions have occurred in Britain since 1964.

The Privy Council - even within the Bahamas,
its apparent who still has power

Similarly today, there has to be a reason why the Bahamas (along with other former British colonies) have decreased the amount of actual executions since it's independence - especially considering the Caribbean has approximately four times as much of a death row rate than in the United States (statistics according the Leonard Birdsong in his blog on death penalties in the Bahamas here). The Bahamas was once an active contributor is both advocating and utilizing Capital Punishment. However, since independence in 1973, only sixteen people have been executed, six of which have occurred within the past 10 years and the last execution having took place in 2000. The Privy Council ruled  in 1993 in its famous Pratt & Morgan decision that inmates could only be executed within the constitution after holding them on death row for more than five years. In direct defiance of the ruling they did not approve of, the Bahamas executed a man exactly 5 years after being placed on death row, making the country the "first Caribbean nation to conduct an execution" since the ruling was placed and the first execution within 12 years according to the International Journal of Bahamian Studies. According to the same journal's research, "As many as 100 people who had gathered at the prison cheered when their execution notices were posted".

Consequently, in March of 2006, the UK-based Judicial Committee of the Privy council mandated that the mandatory death penalty was "unconstitutional" within in the Bahamas and Amnesty International further engraved the suggestion in stone when they regarded it as "the ultimate, irreversible denial of human rights". Since this ruling, no executions have taken place, although criminals continue to be placed on death row.
However, with the crime rate in the Bahamas rising to heights beyond what we've ever experienced, the use of the death penalty and and the removal of the Privy Council as the country's highest court is continually being reconsidered, despite the fact that such an overt separation would lead to political problems.

It is clear in the Bahamas' insistence in continuing with capital punishment that they have no problem in using physical punishment to illustrate a point. Focault mentions that the prison system creates such an illustration because a restriction of liberty and food and sexual deprivation are physical restraints. However, imprisonment in the Bahamas is something a bit more. Her Majesty's Prison (better known as Fox Hill Prison) is nothing to be messed with. From my own house, approximately 2 miles away from the prison, I can hear the alarms that indicate their stringent time schedule. The cells are like holes in a wall, where in medium security detainment, five to six men occupy one small, concrete light-less cell (once the sun goes down, there is nothing but darkness). Men defecate in a bucket in a corner, and in combination with the lack of windows or any airflow and the heat that comes with the climate, it hardly makes for healthy living conditions. Fox Hill imprisonment is more than just a restraint of liberty, it truly is a physical punishment, where not only one's dignity, but one's health and security can be at stake. Furthermore, the judicial system that sentences them are not organized. Citizens are put at risk everyday when buses full of prisoners are carried to the courts to possibly be sentenced that day, as seen in the video below (sorry, its sideways).

This leads me to ask, what is the motivation now? Why does Britain expect that the Commonwealth of the Bahamas follow restrictions on the death penalty, when England itself didn't completely forbid the sentence until 1964? Why are they asking, when the Bahamas became politically independent in 1973? Focault says that "paradoxically, England was one of the countries most loath to see the disappearance of the public execution" (14). Its ironic that the same power that was used in the slave era to execute based on racial control and was so unhappy to see public execution disappear, is now attempting to abolish these executions when the country is independent. Whats more interesting is the double edged sword here - continuing capital punishment will demonstrate our independence from England. However, Sir Arthur Foulkes, the current Governor General and representative of Queen Elizabeth II in the Bahamas, states here that "it is not inconceivable that sometime in the future the Bahamas may be barred from certain international organizations or otherwise sanctioned if we continue to practice capital punishment". Unfortunately, it appears that abolishing the death penalty will be necessary for international political acceptance and such can lead to continual dependence on England, which considering their past in needing power control, doesn't seem too far-fetched.