I've actually been saying for about five years that the average American prison is probably much worse than Gitmo. Which is, of course, one of the reasons I like the idea of transferring detainees to an American prison.

I think your 'prison vs. the lash' thought experiment reveals a much more prevalent attitude in our culture, namely, the preference given to shifting blame over actually doing what's right. The difference between prison and the lash, at its heart, is a question of who carries out the violence. Since the lash would be administered by the authorities, people would view it as unforgiveable government brutality. But since prison rape and violence is the responsibility of other inmates, people look the other way because that's what criminals do, and in fact, it only reinforces our idea that 'those kinds of people' belong in prison to begin with.

Aeneas, exactly, even if they are non-violent drug offenders.

This would be an easier experiment if 100 lashes wouldn't be fatal. By historical standards, 50 was a death sentance.

This would be an easier thought experiment if 100 lashes wouldn't be fatal. Jesus recieved 29 lashes becuase 30 was a death sentance, if my Catholic school days haven't failed me.

...or if my internet connection doesn't make me double post. Grr.

Great point Hooper. Water-boarding is safe, you know you'll recover, at least physically. Compare that to what one used to picture when they thought of torture: burnt fee that would never heal, splintered or severed fingers, burnt out eyes, etc.
And I wonder if a person who has actually received even 10 lashes would choose that over 5 years. Back when such punishment was common they decided it was cruel. Maybe we just don't understand how severe it is.
Having said all that, I agree with the points of your essay. People are going to jail for things which aren't criminal in any moral sense. And our prisons apparently ARE a form of cruel and unusual punishment.

Not all in prison are monsters who rape and victomize other prisoners. It's a horrible place to be and the only way to survive (not being raped, but to stay alive) is to make yourself ugly as possible and act tough 24/7.

I had a small ad agency in the 1980s. A man ordered cartoon character designs he could paint on childrens' bedroom walls, similar to Disney characters. He was out of prison and trying to get started in some kind of business. All the other agencies in town had refused his request. I did the work and he paid in cash.

As he was leaving he asked if we could talk, saying he needed someone to talk to, not wanting to talk with his wife about the topic.

It was close to quitting time so I locked the door and we sat at a conference table. He told me about being in the three worst US prisons and one in Mexico, for possesion, since he was 14-years-old. He was a big guy, arms covered with tatoos. If he approached you on the street you'd wet your pants, he was that mean-looking.

Then he told me about all the really bad stuff that goes on and as he related the details his eyes filled with tears -- suddenly he started crying like a baby sobbing for 30 minutes letting all the pain out from the past 15 years. Recovering his composure he said, "You can't cry in prison the others will kill you!" Adding, "All of them would like to cry and if any prisoner did they would lose control, lose their toughness, and cry too."

He thanked me for listening and said he had wanted to do that for a long, long time. Later I heard he was doing well and other job opportunities had come his way. All it takes is a helping-hand when others turn their backs.

100 lashes?

I have to ask here -- what kind of lashes are we talking about? Are we talking about a cat o' nine tails? The rattan cane? It's worth noting that in Singapore, a maximum of 24 strokes may be administered, strongly suggesting to me that figures as high as 100 were deemed excessive for some reason.

I'm not sure this is because of the 50 = death sentence or 30 = death sentence reasons adduced above (it surely depends on the nature of the cane/whip being used, whether and how quickly it breaks the skin, dangers of infection, etc.). But whatever the reason, 24 seems like a proper stopping point.

12 strokes seems imaginable, by analogy to past physical pain. 24 perhaps imaginable, though rather more horrible. 100 -- I can't really imagine that any more than I can imagine being raped and brutalised in an American prison. It's just got no analogy in my experience.

These tyrannical results are predictable outcomes of substituting democracy for individual liberty as the basis of the U.S. polity. One of the neatest tricks of the governing classes was convincing the people that such is the case.

Solution? Fire them all. They have proved that government is not a legitimate vehicle for social reform. Most professional intellectuals would contribute more to society in new and productive careers, such as cooking and policing up cigarette butts.

here is a picture of a lashing recipient..
http://www.diggerhistory.info/pages-discipline/colonial.htm

And a biblical history of flagellation.

http://www.newadvent.org/cathen/06092a.htm

I think your 'prison vs. the lash' thought experiment reveals a much more prevalent attitude in our culture, namely, the preference given to shifting blame over actually doing what's right.

Great comment! The root problem is a prevailing moral cowardice that is so unsure of its own principles it cannot even muster the confidence to meet out justice.

In Roman times 40 lashes pretty much always killed a man.

The Judaic law was "no more than 40 lashes", and the tradition was to stop at 39 in case of a miscount.
As for 40 or 50 or 100 being fatal...I'd want to see sources on that. The British Army and Royal Navy ordered floggings for quite a long time so there ought to be data available. I believe the Army required a physician to be on hand, with the power to stop the flogging if he deemed it unsafe; the remaining lashes would be delivered on another occasion.

Cdeboe...I thought the physician was on hand to make sure the recipient was awake the whole time and didn't pass out. Also, Roman lashings were brutal, as the lash would sometimes have metal spikes tied to the end of each lash in order to rip the flesh from the body with each stroke. I think the Royal Navy had the cat o' nine tails with a stiff leather with the end of each lash tied in a knot.

Still, I think it would be nice to have a choice between 12 lashes and a year in prison.

I've posted about alternative punishments before, and I don't think you should limit your thinking to only two possibilities, prison or lashings. I think public humiliation of all sorts could be used to correct a multitude of bad behaviors.