Philosophy of Law Discussion 8
April 1, 2023
By analyzing shaming and other innovative punishment schemes with regard to dignity, mental anguish, and arbitrariness; questions arise if these types of sanctions violate an individual’s Eighth Amendment right, banning cruel and unusual punishment. What do you think of a judge who sanctions a convicted drunk driver to display a sign on his or her car indicating they are a “convicted drunk driver”? Or makes a shoplifter stand in front of the store with a sign that signs “I am a thief”? Do you think a judge should be allowed the discretion to pronounce such a sentence? Do you believe shaming could reduce crime?