Changes

In the early 1960's, there was talk of reinstituting whipping in Delaware, and Barbieri's case was mentioned in the newspapers.  Naturally, he was chagrined and embarrassed to have all his neighbors and friends find out that he was last person to be horsewhipped in the State of Delaware, so he sued the newspaper for invasion of privacy.  The Supreme Court of Delaware ruled against him, holding that his punishment was a matter of public concern, both at the time he received it and later on, when the practice was being discussed in the newspaper and elsewhere.  Barbieri v. News-Journal Co., 56 Del. 67, 189 A.2d 773 (1963).

In the early 1960's, there was talk of reinstituting whipping in Delaware, and Barbieri's case was mentioned in the newspapers.  Naturally, he was chagrined and embarrassed to have all his neighbors and friends find out that he was last person to be horsewhipped in the State of Delaware, so he sued the newspaper for invasion of privacy.  The Supreme Court of Delaware ruled against him, holding that his punishment was a matter of public concern, both at the time he received it and later on, when the practice was being discussed in the newspaper and elsewhere.  Barbieri v. News-Journal Co., 56 Del. 67, 189 A.2d 773 (1963).

For various offenses, the Delaware statute authorized or directed the court to impose a sentence of "stripes," consisting of not less than five nor more than sixty lashes to be "well laid" on the prisoner's bare back.  In jurisdictions where whipping was imposed as a punishment, the prisoner typically was required to strip to the waist and was bound by his wrists to a post or other device while the whipping was administered.  Whipping was commonly used in the 19th century, particularly in frontier jurisdictions that had inadequate jail facilities.

For various offenses, the Delaware statute authorized or directed the court to impose a sentence of "stripes," consisting of not less than five nor more than sixty lashes to be "well laid" on the prisoner's bare back.  In jurisdictions where whipping was imposed as a punishment, the prisoner typically was required to strip to the waist and was bound by his wrists to a post or other device while the whipping was administered.  Whipping was commonly used in the 19th century, particularly in frontier jurisdictions that had inadequate jail facilities. It is possible that a lack of respect for the Constitution allowed a liberal state like Delaware to continue violating the [[Eighth Amendment]]. Conservative newspapers and politicians were some of the most vocally opposed to the practice.

[[category:Punishment]]

[[category:Punishment]]