Art, Shame and Criminal Law
David Lenefsky asks whether "we have in our civil community, by and large, lost the ability to feel and/or recognize shame—and, if so, what consequences do we suffer as a society?"
August 26, 2024 at 10:00 AM
7 minute read
This essay does not deal with the issue of whether or not public shaming or humiliation of a criminal defendant is a legal form of punishment. Nor does it discuss the Constitution's Eighth Amendment that bans "cruel and unusual punishment." While shaming is discussed in an historical criminal context, the focus of the essay is the apparent absence of a communal morality—a sense of public shame—in our deeply divided nation.
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