Sample Essay on:
Use Of Shaming In Criminal Sentencing

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Essay / Research Paper Abstract

14 pages in length. The equation of perpetrator + crime = punishment has transcended the centuries ever since man first stepped over the boundaries of what another considered appropriate conduct. When Greek law developed as a way in which to create more structure to a budding legal system, the aspect of punishment was both severe and swift; nary did a criminal get away with less than some form of torture, public or otherwise. The progression of criminal punishment inevitably incorporated the aspect of incarceration, whereby the convicted spent time with other convicted without benefit of learning from their mistakes; in fact, this type of punishment has often been accused of cultivating an even greater sense of criminal mentality by the very absence of any restructuring or re-integrative approach. As such, the notion of shaming came into existence to humiliate an offender away from future criminal activity, a method typically associated with three specific offenses: sexual and morals, commercial and first/minor (Whitman 1055-1092). Given how the warehousing of prisoners has proven wholly ineffective for reducing recidivism rates, atypical alternatives must now have a place within the criminal justice system as a means by which to alleviate the tremendous prison overcrowding problem as well as address an approach to punishment that simply does not work. Bibliography lists 17 sources.

Page Count:

14 pages (~225 words per page)

File: LM1_TLCShameCrim.rtf

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Unformatted sample text from the term paper:

as a way in which to create more structure to a budding legal system, the aspect of punishment was both severe and swift; nary did a criminal get away with less than some form of torture, public or otherwise. The progression of criminal punishment inevitably incorporated the aspect of incarceration, whereby the convicted spent time with other convicted without benefit of learning from their mistakes; in fact, this type of punishment has often been accused of cultivating an even greater sense of criminal mentality by the very absence of any restructuring or re-integrative approach. As such, the notion of shaming came into existence to humiliate an offender away from future criminal activity, a method typically associated with three specific offenses: sexual and morals, commercial and first/minor.i Given how the warehousing of prisoners has proven wholly ineffective for reducing recidivism rates, atypical alternatives must now have a place within the criminal justice system as a means by which to alleviate the tremendous prison overcrowding problem as well as address an approach to punishment that simply does not work. ...Alternative sentences must become the norm in the United States because the present sentencing methods squander scarce financial resources, usurp states rights, and overlook the possible social benefits associated with alternative sentencing...If federally imposed mandatory minimum sentences were eliminated, the states could once again decide appropriate punishments, including the option of alternative sentences, which may alleviate monetary shortages and provide some social benefits."ii The legal system is an entity comprised of individual human beings who attest to provide protection for the masses. This may be true in theory but the truth of the matter is how the courts have gone too far in the wrong direction in their ongoing quest ...

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