Shaming In Criminal Justice

Labeling theory makes no attempt to understand why an individual initially engaged in primary deviance and committed a crime before they were labeled; this then limits the scope of the theory’s explanations and suggests the theory may not provide a better account for crime. Labeling theory emphasizes the negative effects of labeling, which gives the offender a victim status. Also, the same likelihood exists for developing a criminal career regardless of deviance being primary or secondary. Furthermore, labeling theorists are only interested in understanding the aftermath of an individual getting caught committing crime and society attaching a label to the offender. This differs from the view of social learning theory, which seeks to explain the first and subsequent criminal acts. Many critics also argue that the racial, social, and economic statuses of an individual create labels, as opposed to criminal acts; this theory then fails to acknowledge that those statuses may factor into the labeling process. As a result, the above suggests that labeling theory does not provide a good account for crime and appropriately has little empirical support. Moreover, in terms of policy implications, labeling theory implies a policy of radical non-intervention, where minor offenses

Because of the stigma created from the label a modification of self image occurs in the individual. The individual essentially lives up to their deviant label, becoming the person described in the label. The process of deviancy amplification whereby any punishments or treatment therefore reinforce the individual perception of the criminal, thus more crimes fitting to the label are carried out. This theory can however by criticised because it is determinist, where individuals have n control over the process and once they have been labelled they will inevitably turn

Public shaming has been around for a long time. Back in the 1700s it was very popular, especially with the Puritans. Literature such as Nathaniel Hawthorne’s The Scarlet Letter and Arthur Miller’s The Crucible show examples of such public shaming and punishments. Hester Prynne is made an example by the colony’s leaders by forcing her to wear a red A on her clothing. By doing this along with public hangings seen in The Crucible by Arthur Miller, people would follow the rules because they do not want to end up like the example set before them. Although there are not public hangings like in The Crucible, at least not in America, there are still forms of public shaming that are sentenced by courts. Public shaming as a punishment to criminals can be fair and just depending upon the crime and whether the judge takes things too far; it can also be effective in making the criminal not want to do what he did again.

Individuals who experience stigmas experience of moving through life with an attribute that is deeply discrediting. Stigmatizing shaming is whenever a criminal is labeled as a threat to society and is treated as an outcast. The labeling process and society’s effort to marginalized the individual reinforce the individual’s criminal conduct and perhaps influence to future criminal behavior and higher crime rates (Textbook 155). People who represent law and order or who impose definitions of morality on others do most of the labeling. Thus the rules by which deviance is defined express the power structure of society; such rules are framed by the wealthy for the poor, by men for women, by older people for younger people, and by ethnic majorities for minority groups. For example, many children wander into other people’s gardens, steal fruit, or skip school. In a wealthy neighborhood, parents, teachers, and police might regard such activities as relatively innocent and the children are let off with a slap on the hand and not stigmatized. However when such acts are committed by children in poor areas, such as in Oakland, California, they are considered acts of juvenile delinquency. Once these boys are labeled as a delinquent, teachers and prospective employers are more than likely to deem them to be untrustworthy. The boys then relapse into further criminal behavior, widening the gulf between

Restorative justice is an innovative approach to the criminal justice system that focuses on repairing the harm caused by crimes committed. The methods used in the conventional justice system may deter the offender from committing further crimes, but it does neither repair the harm caused, nor help them acknowledge their responsibility, instead it stigmatises them, worsening the situation instead of improving it (Johnstone 2003). “Stigmatisation is the kind of shaming that creates outcasts; it is disrespectful, humiliating” (p.85). It breaks the moral bonds between offender and community and can result in the creation of a destructive cycle that may result in fear and isolation. The shaming by stigmatisation creates a negative effect which

Braithwaite’s reintegrative shaming theory draws on traditional criminological theories such as labelling, subcultural, opportunity, control, differential association and social learning theories (Braithwaite, 1989). John Braithwaite first put forward his theory of reintegrative shaming in his book, Crime, Shame

It’s common to argue that a perpetrator “deserves” to be shamed, but in fact human psychology doesn’t work this way. Many pedophiles, for instance, recognize that that they are inexorably—even biologically—bound to impulses that they themselves loathe. Does the shaming—through public registries for example—cause the pedophile to reform? Unlikely. Does it deter others from engaging in pedophilic acts, or does it drive them to darker corners and sneakier tactics?

There are large racial disparities in incarceration and related detainments for African Americans. They are more likely to be under the supervision of the Department of Corrections than any other racial or ethnic group (H.West, Sabol, & Greenman, 2010). Institutional racism is believed to be the reason why African Americans, especially males, are disproportionately represented in the criminal justice system. On balance, the public believes that discrimination against black people is based on the prejudice of the individual person, correlates to the discrimination built into the nation’s laws and institutions (Pew’s Research Center, 2017). This belief is actually supported through several experimental studies that provide evidence that African Americans are to be seen as more criminal and threatening than others thus more likely to be arrested or even shot (Greenwald, Oakes, & Hoffman, 2003). Racism within the criminal justice system very much exists and is still relevant.

To make a good juror, you would need someone who is not racist, sexist, or biased, because it would make our Criminal Justice System a lot more fair.

In her article, “Condemn the Crime, Not the Person,” June Tangney argues that shaming causes more harm than good. She focuses on alternatives to traditional sentences instead of shaming and incarceration. As a more recent trend, officials are using shaming sentences more and more. Tangney states that it is important to know the distinction between shame and guilt. Tangney states, that research has shown feeling of guilt “involve a sense of tension and regret over the bad thing done.” Guilt makes people feel bad. It makes them want to change their behavior whereas shame does not motivate people to feel better and they are less likely to stop their wrong behavior (577). She also states that scientific evidence suggested publicly shaming a person makes a problem instead of creating a constructive change in them and individuals may hide and escape the shameful feelings and try to blame others (577). In conclusion, Tangney suggest community service as a sentence for offenders to pay their debt to society for their wrongdoing, been linked to the crime they did. Her tone is informative and innovative and keeps the reader interested while reading. However, this article displays weakness in term of the evidence the author presents, it is one sided and does not provide evidence her suggestion for community service as a sentence option works. Therefore, it fails to persuade the reader.

There are several criminal justice policies which are theoretically based on labeling. Labeling theory “focuses on formal and informal applications of stigmatizing and deviant “labels” by society on some of its members” (global). Many have argued however that these labels are often the results of the statuses of the individual, race, social class, and socioeconomics, as opposed to any act committed. Decriminalization, diversion, due process, and deinstitutionalization are four criminal justice policies based on labeling. Decriminalization is considered the removal of many forms of conduct from the scope of the criminal law.

I’m double majoring in Criminal Justice and Psychology because further down the road in my life I would love to be a Criminal Psychologist. I choose these fields because I love being able to understand why people do what they do. I want to understand why people do things a certain way, just looking at it in a psychological kind of way. Especially with criminals, what led them to murder that guy or rape that girl? What pursued them and what part of them thought that it would be acceptable?

Hence, those who violate these norms result in exhibiting deviance, or a behavior that violates society’s social standards. A person can gain this deviant behavior by physical or behavioral traits, thus acquiring a negative or positive social stigma. The term stigma is used to categorize the labels a society uses to diminish a definite group of people. Unfortunately, most people are stigmatized by their past acts of deviant behavior that they may not be engaging in, for example an ex-convict or ex- mental patient. Technology and new innovations have also contributed to having an influence in social interactions and standards of behavior. Many of the illegal acts done in the internet including pirating software or music have no social stigma attached to them due the approval of the online community.

As stated above, as a criminal justice major, academically, I have gained the ultimate development and background of the Criminal Justice System and its practices from my Intro to Criminal Justice and Criminal Law class; how they implement the laws and apply them to crimes, offenses, and offenders. The whole concept of the criminal justice system is to uphold social control, deterring and mitigating crime, or execute sanctions for people who violate the law. Throughout my Criminal Justice courses, I found certain concepts interesting; the concepts that I found most important surrounding the Criminal Justice System were Deterrence, Rehabilitation, and Punishment. These three major factors are substantially the main functions and focus in regards to offenders. Deterrence, rehabilitation, and punishment are elements that help offenders readapt back into society so they can reestablish all of the mechanisms they need to be successful. They prevent future crime, implement reconstruction, and issue consequences. They are significant and crucial factors that the criminal justice system used to promote safety, change, and justice. Deterrence focuses on future behavior by both individuals and society. As a result of offenders receiving punishment, people will deter or discourage from committing crimes in the future. The hedonistic calculus argued that harsher punishment for committing a crime will cause pain rather than pleasure and crime would be prevented (Seiter, 2017). It is basically the concept of making the punishment outweigh the reward or pleasure. I learned that they are two kinds of deterrence which are specific and general deterrence. Specific deterrence is preventing an individual offender from repeating the same crime over in the future while general deterrence focuses on society as a whole and prevent them from committing a crime in the future (Seiter, 2017). The criminal justice system also believes that it is important to focus on the offender's attitude and behavior and tries to improve them for the can reenter into society as law-abiding citizens (Seiter, 2016). Because of my Corrections class, I learned that correctional facilities have all sort of programs the deal with drug/alcohol abuse, mental

Of course, shaming should be part of society due to the fact that it brings order and control among the people. Shaming controls people who perform unacceptable behavior that can cause great damage. It is extremely critical for any society to be in order since it brings peace and balance. But, in order for that to happen society must shame people who violate or break moral and social norms that are highly valued. According to Eric Posner, a professor at the University of Chicago Law School stated that, “Shaming is a form of social control... Shaming has always been extraordinarily important—often... shaming was a major source of public order”(sec. 2). Controlling individuals with shame is the