Bring Back the Branding of Burglars: The Swift Economy of Colonial Justice

Riley's Farm Journal ^ | 3-24-2009 | James Riley

[stand_your_ground]

The Swift Economy of Colonial Justice

Here are just a few incidents of crime and punishment as they were administered throughout the colonies in the years 1768 through 1770 and chronicled by the Portsmouth New Hampshire Gazette. Contrary to what you might assume, crime was not a major feature of colonial newspapers. In this era, correspondents were far more interested in political intrigue and the ideas surrounding the rights of free men. You have to really look, in other words, for a crime blotter, and when crime was reported, unlike today, it had a beginning, a middle, and an end. You read about the crime itself, the trial, and the punishment.

I would argue the speediness of this justice is good for the soul of any society. You aren't left, as a citizen, with the angst of hearing about the villainy of one barbarous act after the next, followed by years of procedural maneuvering and the prospect of a smug criminal laughing at the system after a few years of watching Jerry Springer in the can; you have the satisfaction of knowing that the enormity of the crime was met with the enormity of punishment. Attempted rapists were publicly shamed and whipped, burglars were branded with a "B" on the forehead,

[staytrue]

Unfortunately, many in the USA would wear this brand as a badge of honor.

[Melas]

The founders intentionally steered away from harsh British justice, which is what is being unwittingly touted here.

[screaminsunshine]

A better idea would be to require all evil nasty capitalists to wear an armband. That way we could identify them in public. We could even give them a number and tatoo it on their arm.

[ClearCase_guy]

I've proposed branding illegal immigrants. Then ship them back to their country of origin. Also, US citizens would be empowered to shoot on sight anyone they see with such a brand (because it would mean that they came back a second time, after being branded).

It would solve that problem right quick.

[Hegemony Cricket]

Public shaming and whipping might be good. I have suggested a return of locking perps in stocks, particularly in the case of the young girls who worked in a nursing home and were abusing their patients just as a “fun” thing to pass the time.

Branding, OTOH, would probably not work, as the gang mentality would probably just adopt that as a badge of honor, much like they wear prison jumpsuits...

[Cyber Ninja]

[Hegemony Cricket]

That is, and I don’t say this lightly, absolutely demonic.

[BigBobber]

Our justice system would be better if we copied Sharia law?

Is this guy kidding?

[ml/nj]

The founders intentionally steered away from harsh British justice, which is what is being unwittingly touted here.

Really? Do you have any evidence for this statement?

ML/NJ

[Responsibility2nd]

I think you’re right.

Anyone seen (prison) tattoos?

Idiots are branding themselves.

[Skid Marx]

[stand_your_ground]

The point is essentially the same. Whether the brand is self-inflicted or put there by the magistrate, this is not the guy you’d be hiring for customer service or as your bank teller. The thugs have a way of revealing the ancient truths by branding themselves this way.

[stand_your_ground]

Our justice system would be better if we copied Sharia law?

Actually, it's early Republic Judeo-Christian justice. This is not whipping a woman for exposing her ankles; it's a very efficient way of identifying who can't be trusted, and it's far more humane than sending someone to a maximum security prison.

[Melas]

Really? Do you have any evidence for this statement?

Absolutely. Read the founders supporting philosophies behind the 4th - 8th Amendments to the constitution. The 8th Amendment especially is a refutation of the British colonial practices of public humiliation, disfigurement and torture.

Patrick Henry, "What has distinguished our ancestors?--That they would not admit of tortures, or cruel and barbarous punishments?"

[Melas]

Actually, it's early Republic Judeo-Christian justice

Wrong! You cited colonial (British) justice, and not early republic justice which would have been 1789 on. You'll find that there were profound changes from the often barbarous British justice.

[stand_your_ground]

Absolutely. Read the founders supporting philosophies behind the 4th - 8th Amendments to the constitution.

The same founders who argued against "cruel and unusual" punishments administered whippings, scourgings, brandings, and hangings. The Bostonians were scandalized by 200 lashes given to British soldiers, but they administered the Bibical two score (40) stripes without anxiety in the least, and they hung the bodies of arsonists out to rot as an example. You are in over your head.

[ml/nj]

Absolutely. Read the founders supporting philosophies behind the 4th - 8th Amendments to the constitution. The 8th Amendment especially is a refutation of the British colonial practices of public humiliation, disfigurement and torture.

Actually I have read quite a bit of what the Framers wrote. Banning "cruel and unusual" punishment, which is the only part of the five amendments you reference that has anything to do with persons who have been convicted of a crime, hardly could be said to prevent branding as a punishment. It certainly wasn't unusual and it pretty hard to suggest that it is cruel when compared with locking the criminal in a cage for some lengthy period.

It is interesting to visit colonial villages (Williamsburg, VA is the best.) and observe that they had no prisons. You can learn a lot when you inquire about this.

ML/NJ

[Melas]

Then by all means, show me an example of branding in early America as opposed to colonial England. You’ll find the sudden abandonment of many practices.

[ml/nj]

show me an example of branding in early America

Burglary was punished in all the colonies by branding with a capital B in the right hand for the first offense, in the left hand for the second, "and if either be committed on the Lord's Daye his Brand shall bee sett on his Forehead as a mark of infamy." In Maryland, every county was ordered to have branding irons, with the lettering specifically prescribed: SL stood for seditious libel and could be burned on either cheek. M stood for manslaughter, T for thief, R for rogue or vagabond, F for forgery. In Maryland and Virginia a hog stealer was pilloried and had his ears cropped. For a second offense he paid treble damages and was burned with the letter H on his forehead. Double punishment if the hog stealer was a slave. The third offense brought death. Source Colonial Williamsburg Journal

Have you ever wondered why a defendant being sworn is asked to raise his right hand? Maybe you can figure it out from this excerpt?

ML/NJ