Slate Daily Feed Gabfest Reads | The Recent Past of Prison Punishment
Sep 20, 2025
Judith Resnik, a Yale Law professor and author of *Impermissible Punishments*, shares her insights into the historical evolution of prison punishment. She delves into the grim practices of past centuries, like whipping, and how legal reforms emerged post-WWII to protect prisoner rights. The conversation highlights systemic issues within prisons today, such as overcrowding and mental health, and explores practical reforms that could enhance safety and democracy within correctional facilities.
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Arkansas Whipping Case That Sparked Change
- Winston Talley, an Arkansas prisoner, sued to stop routine whipping for failing to meet farm quotas.
- Judge Harry Blackmun later ruled whipping impermissible after multiple trials and appeals, marking a turning point.
Prohibiting One Punishment Reveals Larger Limits
- Whipping's prohibition exposed limits to prison officials' unfettered authority while many harsh practices persisted.
- The Arkansas rulings show legal change can be partial and hard-won, not sweeping.
Feminists Shaped Early Prison Standards
- Early 20th-century feminists pushed for prisoner protections and influenced international standards.
- The League of Nations adopted prisoner treatment rules in 1934 that sought humanitarian improvements but still allowed harsh measures in exceptions.
