Shame, Culture, and American Criminal Law
65 Pages Posted: 26 Mar 2015
Date Written: March 24, 2015
The resort to formal shaming as a criminal sanction is only one of several attempts to expand the sentencer's arsenal in an effective, inexpensive manner. Formal shaming, however, is perhaps the most sensational of these new penalties. It also exploits, in a particularly dramatic and explicit fashion, the assumed link between people's sense of shame and their tendency to observe legal norms. The purpose of this Article is to analyze whether this link is one that American criminal court judges can, or should, exploit.
Keywords: shame, sentencing, punishment, criminal sanction, alternative punishment
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