Should we make criminals take a walk of shame, and be put in stocks?

Answer 1

blinding idea but it would infringe their human rights to mug you and stay anonymous

Answer 2

This has been a very hot topic in the legal academy recently. It's called "Shame punishments," and many judges (especially state judges) have incorporated particularized "shame" punishments agains defendants throughout the country. Some require defendants to perform a service, or hold a message board, or do something else as a condition of probation.
One very famous case occurred in California, where a judge required a person who pleaded guilty for mail theft to stand outside the post office with a sandwich board that said "I stole mail. This is my punishment."
The sentence was upheld by the Court of Appeals, although may interested parties wrote to condemn the sentence. Many more state court judges have taken this up.

Shame punishments are good in that they're relatively efficient (not a lot of judicial resources) require a specific sentence for a specific crime (not just generic community service or incarceration) and might actuall stop people from doing it again. The disadvantage is that judges' discretion are generally not limited, so you can't really control what humiliating thing the judge might demand, and at their core, they are degrading.

To your specific question -- many criminals do take a "walk of shame" -- it's called a "perp walk" -- but the problem is that it occurs when they've been ARRESTED and not convicted. So the shame comes before a conviction or a guilty plea. That's unconstitutional most of the time, in my book.

The stocks are a different problem. Actually chaining someone up in the public square, prohibiting them from moving away from, say, a guy spitting or throwing stuff, is one step too far. It's dangerous and overly humiliating. However, I'm not ready to rule out shame punishments for certain classes of nonviolent offenses yet. I think it may work.

http://sentencing.typepad.com/sentencing_law_and_policy/2004/08/for_shame_i_mea.html

http://www.commondreams.org/views06/0808-22.htm

http://prawfsblawg.blogs.com/prawfsblawg/2005/04/shaming_redux.html

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=948200

Answer 3

I think it's a great idea, but I doubt the Supreme Court would let it stand. In fact, a law like that would be so controversial that it would get struck down within hours of its passage.

There would be a vast, churning sea of civil/human rights groups, lobbyists, lawyers, activists, etc filing lawsuits left and right to have it stricken down, and within hours of its passage, some court somewhere would slap an injunction on it. Then it would work it's way slowly through the legal system and eventually be ruled unconstitutional.

That would pretty much be the end of it. You'd never get to see a single criminal put in stocks.

Very unfortunate, IMO. I think a little shame could be made to go a long way. I disagree with the person who said it wouldn't work because these guys have no shame. Well, yes and no. If you're just talking about stocks, or walking around in an orange jumpsuit with handcuffs on, then probably not. They'd just consider it free advertising, or "street cred" or some such thing. But what would happen if you walked them around in a pink tutu? Maybe with some bunny ears on, or a fake donkey tail? Or make them wear short shorts, with construction boots on, and a see through top with a big rainbow on it? Or dress them up in drag or something? I doubt they would think of that as street cred. Those big tough guys would probably start crying for mommy.

Answer 4

I agree with you to an extent but rather than put them in stocks make them do something useful so force them to work on chain gangs. We could use the prisoners to go work on all the fruit farms picking strawberrys on blazing hot Summer Days. Perhaps that would lower our dependence on migrant labour. There are so many uses for this kind of concept - picking up litter on the side of motorways, scrubbing graffiti from public places, rebeautifying our parks through landscape work, washing away vomit and piss from town centers after every Friday and Saturday night binge. If we really make the work disgusting and undesirable it might instill in the career criminal an idea that getting a proper job and living an honest life is far more desirable than scrubbing shite out a grotty public toilet. Of course, that idiot spokesperson from Liberty, Shami Chakribati, would cry foul and say that hard work and humiliation is no detterent to a criminal and that it infringes on their 'uman rights which is, why the justice system needs to have better rehabilitation programmes for Offenders so this idea is only part of the solution.

Answer 5

i have often wondered if we bring back the concept of shame wpould it halp to bring down crime rates. I certainly think there is a place for somthing like this. At the moment unless you are directly involved in a crime then it is unlikely you will ever know if somone has been arested or convicted a crime, criminals do not have to go out knowing people will look and point a fingure.Maybe if they did they would think twice. particulaly when they are younger

Answer 6

The stocks worked when folk lived in communities and wanted some respect.
A lot of folk seem to have no self respect, therefore no shame.

The birch is sometimes OK, but some of us enjoy it.

You could make them appear in public with Dame Edna Everage for a couple of months

Answer 7

Naw! Public executions, that's the trick. Charge the public to come watch the felons be drawn, quartered, hanged and burnt at the stake! Bring in plenty of vendors and make 'em collect a government surcharge on every burger and dog and beer they sell. Double the spectator's fee every time it's a woman felon to be done the dirty doo... Hey, it worked for the kings of old, and people're still willing to pay good money to ogle the butchery!

Answer 8

Would not work, they have no sense of shame, Watch rap videos and MTV in general. Current society glorifies criminals and their behavior. Instead of a walk of shame it would be a parade of celebration to those idiots and their followers.

Answer 9

Yes. And criminals should lose their 'human rights' so that shaming actions can take place. As ever, we're far too soft on criminals and far too hard on victims.

Answer 10

I'm one of those strange people who think public humiliation like stocks would be a great idea!

However, I think that it would harm their chances of starting a new life at the end of their sentence etc.

But maybe I'm just being a bit ruthless because of my Spanish Oral: I'm talking about the Spanish Inquisition and I'm talking about torture a lot haha.


Conclusion? I think it could be a good idea if it were properly regulated.

Answer 11

Depends on whether they would be allowed to still claim benefits , most of the white collar crooks , such as estate agents and Solicitors should be made to pay back all the money they cheated clients out of.