Document Type

Article

Publication Date

Summer 1998

Keywords

Shaming penalties, Lex talionis, Educating model of punishment, Retributivism, Dan Kahan, Utilitarianism

Disciplines

Criminal Law | Criminal Procedure

Abstract

So-called "shaming" penalties have received a fair amount of attention in the popular press and, thanks primarily to the work of Dan Kahan and Toni Massaro, in the legal literature as well. Unfortunately, the current debate focuses on "shame" as the main way to understand what these penalties are all about. I argue that at least some of these so-called shaming penalties are better understood as "educative" penalties. I develop this "educating model" and contrast it with the "shaming model." I also suggest that penalties fitting the educating model have more normative appeal than those fitting the shaming model.

Publication Citation

Published in: University of Chicago Law Review, vol. 65, no. 3 (Summer 1998).