Should Shame Be Used As A Punishment When A Person Commits A Crime?

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Should shame be used as a punishment when a person commits a crime?

Should shame be used as a punishment when a person commits a crime?

This paper discusses and analyzes the modern reemergence of shame punishment as an alternative to traditional sentencing practices and explores appellate court treatment of shaming cases. We suggest that judges, who incorporate shame into their judicial arsenal as a form of probation, rather than punishment, do so erroneously. Consequently, when offenders appeal these shame-probation conditions, appellate courts subject them to a standard of judicial discretion rather than a more appropriate and more deferential standard of ...
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