The shame of public shaming: justice suffers when judges mete out viral punishments.

AuthorBeato, Greg
PositionEssay

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IN AMERICA, our justice system is designed to be slow, methodical, a little boring. This is especially true in the sentencing phase. Even-tempered bureaucrats in bland black uniforms consult elaborately detailed guidelines to ensure that punishment is applied in consistent fashion across similar cases.

Occasionally, though, our black-clad functionaries break out of the mold. In November 2012, for example, Cleveland Municipal Judge Pinkey Carr compelled a 32-year-old woman to stand on a street corner for two hours, holding a hastily scribbled sign that said "Only an idiot would drive on the sidewalk to avoid a schoolbus."

The case received tremendous media attention, and apparently Judge Carr was pleased enough with the results to make public shaming a standard part of her repertoire. In March 2013, she sentenced a 58-year-old man who had called 911 and threatened to kill police officers to 90 days in jail, plus a hefty chaser of humiliation. This offender, Carr ruled, would be required to stand outside Cleveland's Second District Police Department building for one week, three hours each day, holding a sign that reads "I was being an idiot and it will never happen again."

Carr's sentencing sentiments are not an anomaly. These days, public shaming is our favorite brand of small-batch artisanal justice. Evoking the authentic no-nonsense morality of our Puritan forebears, while also seeming quirky and novel, creative punishment is what today's most discerning consumers of handcrafted, state-sanctioned vengeance demand.

Last year, the National Institute of Justice released a report showing that in 59 percent of the 826 cities included in its study, police departments, local media outlets, and other parties publicize the identities of prostitution clients, often before they've been convicted of a crime. In Arlington, Texas, the preferred delivery system for disgrace is a highway billboard. In Fresno, California, the police department maintains a webpage it calls "Operation Reveal," where it posts photos of individuals who've been arrested on prostitution-related charges.

In Ohio, if you're convicted of drunk driving, you may be required to place a bright yellow license plate on your car. In January 2013, Montana legislators introduced a bill that would mandate orange plates for people with a dui conviction. "Those in favor of the bill say people with DUI's need to be put on display so they can be embarrassed by their...

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