Shaming Offenders

Shaming Offenders

The shaming of offenders has been in existence since the late 18th century. It was a form of corrections that was used to serve justice by offenders who had committed criminal acts. Offenders who had committed crimes against person or property were likely to be handed a sentence of shaming. In lieu of serving a sentence in a cell or incapacitated place, an offender could be sentenced to some degree of public punishment that would attempt to reform the offender and help him see the error of his ways. Popular methods of late 18th century shaming included "the whipping post, the pillory, stocks, branding, banishment, the dunking stool, and the use of the brank." All of these devices were used to demonstrate public shaming of the offender. Common reasons that would incorporate the use of shaming would be "blasphemy, adultery, failure to observe the Sabbath, and a general laziness." All of these punishments were used to help re-instill popular religious beliefs and bring back the good of a person into society. Lo and behold, shaming must have some positive attributes to it because it still exists in the present day. Instead of judges issuing jail/prison sentences, many offenders will receive some form of probation. Of course, this all depends on the seriousness of the crime. Judges tend to use probation on offenders in hopes of bringing them full circle from being a criminal to an integral part of society. Plus, a judge has more discretion in the use of probation as a form of corrections than with incarceration. Just as in any form of corrections, there exists four main goals that are to be achieved in some way, shape, or form. In order for the offender to feel the intended outcomes of shaming, he must experi...

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...attery. Far away from the days of the stockade and the whipping post, now signs in front yards, cleansing of public roads, and other modern forms of shaming have now been implemented in modern day probation. Along with the change in eras, comes a whole new course of legal issues that have been raised by offenders. Does shaming violate an offender's constitutional right and does shaming serve its intended purpose? There are many individuals that feel shaming violates a persons 1st and 8th amendments in the United States Constitution and this same question has been brought up in the courts. But every time, the courts have ruled that there is no violation of constitutional rights and the idea of shaming offenders has been upheld. Until there has been the implementation of a better plan or concept, I for one feel that the concept of shaming is a warranted and just act.