Crime and shame punishments date as far back to biblical times and becomes increasingly accepted by the populace during the seventeenth and eighteenth centuries. Although shame punishments have decreased in popularity in today’s modern era, it has taken different forms. Instead of focusing on what or who influences the effectiveness of a public punishment the most, by tying all roles (criminals, communities, and authorities) together, it provides insight and understanding of a sometimes hard concept to grasp. Amitai Etzioni argues that he has no inclination in bringing such harsh punishments back to our modern day, but, it wouldn’t make sense to reject shaming without at least giving it an unprejudiced trial (Etzioni). Any possible reason …show more content…
God, the most fearful and powerful presence for almost all people and all religions, used shaming as a way to inflict this sort of fear and obedience in people so that they may never do such things as others have (Deuteronomy 13:11). However, we must not forget that the miscreant itself plays a major role. For example, Hester Prynne, a young and beautiful woman in 17th century America, commits the crime of adultery. She is forced to wear a scarlet “A” for the rest of her life. Hester becomes a walking example of both good and bad. Her scarlet A was a “passport” into other places people dared not adventure; her scarlet A teaches her how to be strong and to do good with all the bad she may or may not receive as consequences of her actions (Hawthorne 155). The scarlet A was the majority of Hester’s public punishment. She quickly becomes isolated and desolate from the community in many aspects. James Cox states that the purpose for a public punishment was to simply shame and embarrass the miscreant and to teach them a lesson so that they may be able to integrate themselves back into the community (Cox). Further along in The Scarlet Letter, readers learn that Hester devotes her life to changing how the community views her scarlet letter, and achieves this through the good she does in return for almost absolutely nothing but …show more content…
Additionally, he suggests that without question, public punishments and executions also embed the law’s existence, potential, and virtuous messages in the public’s mind (Gatrell 90). In corresponse with Gatrell's statements, by tying all roles in a public punishment together, Toni M. Massaro infers in the Michigan Law Review that shaming is effective and equitable only under five conditions that coincide (Etzioni);
First, the potential offenders must be of an identifiable group, such as a close-knit religious or ethnic community. Second, the legal sanctions must actually compromise potential offenders’ group social standing...Third, the shaming must be communicated to the group and the group must withdraw from the offender--shun her--physically, emotionally, financially, or otherwise. Fourth, the shamed person must fear withdrawal by the group. Finally, the shamed person must be afforded some means of regaining community esteem, unless the misdeed is so grave that the offender must be permanently exiled or demoted.
Having extreme, agonizing, punishments was not out of the ordinary during the 17th century. The punishments and crimes were very unsystematic, and often times very foul. There were punishments that were as minor as carting,and there were punishments as severe as the death penalty.Throughout the 17th century there were a variety of punishments for different crimes that were commited.
Though their crime of adultery was mutual, Hester’s pregnancy forced her sin into the spotlight, and in Puritan society, the sin of having an illegitimate child was one of the worst a woman could commit. As punishment for her crime, Hester Prynne is forced to wear a scarlet letter “A” upon her chest as a sign of her wrongdoing. Because of this, Hester was forced to acknowledge what she has done and accept the repercussions of her crime, which ultimately makes her a stronger person and supports Hawthorne’s claim that it is “better for the sufferer to be free to show his pain” (Hawthorne 76). Hawthorne reveals Hester’s acceptance of her crime and her guilt the moment she walks out of the prison with her daughter in her arms, explaining that, “In a moment, however, wisely judging that one token of shame would but poorly serve to hide another, she took the baby on her arm, and with a burning blush, and yet a haughty smile, and a glance that would not be abashed, looked around at her townspeople and neighbors” (Hawthorne 31). Because of her crime, many people expect Hester to tremble with fear upon being revealed to the town, but instead she holds her head high and embraces the punishment for her sin. This in turn allows Hester to appear stronger, more beautiful, and more dignified, and choosing to portray Hester in this way shows Hawthorne’s belief that it is better to confess one’s sin and live with it rather than deal with the
The role of punishments in the justice system is designed to be served for a certain period of time then end, but today “public shaming exercises haphazardly mix the real world with virtual reality [social media] [...]” (Beato) because public humiliation fails to have an exact ending due to social media. A crucial part of the justice system is to reform the individuals who are punished under it; punishments that end allow individuals to move on and become good citizens again. Since public humiliation does not end, it is not a viable option for punishments that reform the individual. Judges often sentence criminals to public humiliation because they believe it to be a less intense form of punishment. However in reality, public humiliation is the most damaging form of punishment, below the death penalty, because the damage caused by public humiliation follow the individual for the rest of their life. Public humiliation is too damaging to be used to punish
Shaming or puritan punishment like forcing people to keep a sign with a dishonorable inscription seems more like retaliation yet, not justice. Nonetheless, if we look at this problem from a different angle, exposing criminals to the public condemnation may be quite beneficial because it may have a powerful educational effect on potential criminals, and thereby may prevent some of the crimes that could already be planned. At the same time, a prison cannot cause such a vivid condemnation that public shaming does consequently, cannot be an effective behavioral corrector just by itself. I think that combining these two types of punishment into one can give a staggering result and, perhaps, in the near future humanity will forget about such problem
In the 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 most recent trend, officials are using shaming sentences. Tangney states that it is important to know the distinction between shame and guilt. She explains that feelings of shame involve painful focus on the self, the humiliating sense of “I am a bad person,” and guilt impacts a specific behavior, the sense of “I did a bad thing” (570-571). She also emphasizes in evidence suggesting that publicly shaming make a problem instead of creating a constructive change in people. Even thought, the tone of her essay is informative and innovative, it is one sided, ineffective
Public punishment without any empathy or aid from the community (the only kind that occurs in the public shame games that we sometimes play) is ineffective, as we see in Hester Prynne’s case. This means that a community should choose any other punishment that provides even the smallest positive impact, as it would have greater
Through out the course of history, those who were considered sinners were often out casted from the society. This is much the case with Hester Prynne in Nathaniel Hawthorne’s The Scarlet Letter. After a public trial, Hester is considered a sinner due to her birthing of a so called “devil child”. Hester is convicted to the life long bearing of a scarlet letter on her chest. The Scarlet Letter that Hester Prynne wears symbolizes the change in perception of sin through out the novel. Due to the revelations of the governor Winthrop and the reverend Dimmesdale, the way sin is perceived changes from one of shame to the idea that every one is a sinner in their own right.
The main character in The Scarlet Letter, Hester Prynne, emerged from the gloom of this dark society's punishment. For her crime of adultery, she faced the most commonly used punishment—public humiliation. Although this involved no physical harm, its use in such a proper society brought ridicule and shame paralleling a punishment as harsh as death itself. Hester stood amidst the crowd for three tortuous hours, struggling to withstand the burning glares of the townspeople feeling, "as if she must needs shriek out with the full power of her lungs, and cast herself from the scaffold down upon the ground, or else go mad at once." (40). This display was made even more severe because she was also sentenced "to wear a mark of shame upon her bosom," the letter "A", for the rest of her life (43). The scarlet symbol for adultery branded Hester as a sinner to others, and when she was alone it burned like fire into her innermost heart to remind her of the life-shattering punishment society sentenced her for a single sin.
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.
The death penalty is the ultimate punishment. There is no harsher punishment than death itself. This nation, the United States of America, is currently one of fifty-eight nations that practice the death penalty, if one commits first-degree murder as of 2012. People that believe in the death penalty also believe that it will deter murders. In this paper I will argue that the death penalty does not deter criminals and that this nation should outlaw the practice.
Public humiliation can be extremely effective and valuable for improvement in discipline and serves as a deterrent against future crimes. Public shaming has been employed since the beginning of time and is practiced worldwide. Throughout history, the advantage of the practice of public humiliation was exploited by early civilization for the prime and propitious results. In Ancient Rome, public humiliation was frequently utilized during crucifixion, when a person was killed for a sin. Crucifixion was as defined by Dr. Dan Hayden, “the most humiliating and degrading form of public death ever devised.” (Hayden, “Hung On a Tree”). The method of crucifixion was not only shameful for the one being punished but also was as an incentive for the public. It served as a reminder to avoid committing a sin. In the Middle East, nations such as Iran and Afghanistan, “authorities… amputated the hands of a convicted thief in front of other prisoners…”(Associated Press, “Iran Cuts Off Man’s Hand For Stealing”). The purpose of this form of public humiliation serves similar to the motives of the crucifixion. These are just two of the countless historical records that assert the usage of public humiliation for stabilization within the society. It was constantly used in the former times and is still used in the modern era. The effectiveness of this form of discipline was and is still witnessed by numerous individuals. The form of discipline portrayed by public humiliation persuades and serves as
The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.
In our day-to-day life, it is inevitable that someone will do or say things that will hurt or upset us. In the same way, laws were created to guide people, curb crime, and restore law and order in the society but still people happen to break laws despite the existence of law. However, someone may ask what is the best way of dealing with criminal behavior? Should the society embrace the concept of “an eye for an eye” or “get to the root” of the problem, or just simply to focus on and assist the victim (Schmalleger & Smykla, 2012 pg. 12)? Many studies conducted by criminal justice scholars in line with this debate point towards punishment to crimes committed as the most acceptable means of dealing with an injustice for most societies. However, still the moral basis for punishment is a conflicting issue that has given rise to numerous competing views. This paper will address reasons why an eye for an eye is the best means of dealing with criminal behavior and not focusing on the victim nor getting to the root cause of criminal behavior (Akers, 2013).
The scarlet letter could also be looked as a quality of Hester's character. This quality defined the views of the townspeople regarding Hester, and in time also changed in meaning. It was at the beginning of the book that the letter embroidered on her bosom only stood for adultery, and the common consensus of the people, in respects to Hester's actions, was "this woman has shamed us all and ought to die" (50). In time, and through the actions of Hester Prynne, the letter 'A' upon her chest was understood to be something different, and "many people refused to interpret the
In every country in the world there are certain levels of shaming that every society has, where some countries have extreme shame than others. Shaming is form of criticism and judgement when an individual violates social or moral norms. Shaming fundamentally reacts our psychological need for acceptance and approval from either someone or the public. It is true that for centuries, shame has been given a negative name, but there is reason why shame has existed for a long time and why it will continue to exist in the future. Shaming should be part of society since it brings order and control, it causes people to reflect their wrong doing, and it creates a positive change that affects everyone. Shaming should be part of the society since shaming, most of the time, brings positive results.