Anticipated shaming and criminal offending

Criminological research suggests that informal sanctions like shaming may have a stronger influence on crime than do formal sanctions, but research has yet to examine whether anticipated shaming may mediate the relationship between crime and variables derived from dominant micro-level theories. The present paper argues that variables derived from learning, control, strain, and deterrence theories influence criminal offending via their effect on anticipated shaming. Using data collected from a sample of young adults, results from both tobit and path analyses suggest that the prospect of shaming among friends and family bears a stronger direct relation to criminal intent than do more commonly examined variables and that the effect of such variables on criminal intent is largely indirect, mediated by anticipated shaming. We therefore suggest that crime control efforts might benefit from incorporating a greater role for Braithwaite's conception of reintegrative shaming.     

The Importance of Perceptions in Restorative Justice Conferences: The Influence of Offender Personality Traits on Procedural Justice and Shaming

Research suggests that restorative justice (RJ) conferences are more just than traditional court processing due to the presence of procedural justice (PJ). These conferences also promote reintegrative shaming which, in contrast to disintegrative shaming, allows offenders to repair their ties with the community. Yet, fairness and the type of shaming experienced may depend on perceptions of the offender. We argue that the personality traits of negative emotionality and low constraint influence offenders' evaluations of the fairness of these conferences, which have implications for their experience of shaming. We test these arguments using data from a sample of 498 offenders involved in the Australian Reintegrative Shaming Experiments. Results reveal that personality traits affect perceptions of PJ and both types of shaming, and that PJ mediates these effects. The findings support the notion that RJ conferences are perceived to be procedurally just and reintegrative for certain types of offenders.     

Reintegrative Shaming, Procedural Justice, and Recidivism: The Engagement of Offenders' Psychological Mechanisms in the Canberra RISE Drinking-and-Driving Experiment

Advocates of restorative justice (RJ) hypothesize that the diversion of criminal cases to RJ conferences should be more effective in lowering the rate of reoffending than traditional prosecution in court processing because the conferences more effectively engage the psychological mechanisms of reintegrative shaming and procedural justice. This study uses longitudinal data from the drinking-and-driving study in the Australian Reintegrative Shaming Experiments (RISE) to evaluate the long-term impact of reintegrative shaming and procedural justice on support for the law and on later recidivism as assessed through the use of police records and by self-report. Analysis first suggests that there is no direct effect of experimental condition on later recidivism. However, it further suggests that both traditional court-based prosecution and RJ conferences increase support for the law and lower the rate of future reoffending when they engage the social psychological mechanisms of reintegrative shaming and procedural justice and thereby increase the legitimacy of the law. Hence, the results argue for the potential value of procedures such as the RJ conference but indicate that those procedures will only achieve their objectives if they are effectively designed and implemented.     

Emotions and adjudication: Status degradation among white-collar criminals

White-collar offenders are widely assumed to be especially sensitive to the embarrassment and shame that accompany public conviction for a crime. The idea of special sensitivity, however, is based largely on speculation and anecdotal data. Through an analysis of interviews with 30 convicted white-collar offenders, this paper shows that adjudication generated anger and rage as well as shame and embarrassment in the offenders. Rage and anger have potentially dysfunctional effects in that they undermine commitment to the legitimacy of the law. Following Braithwaite, I argue that a justice system based on disintegrative rather than reintegrative shaming is counterproductive.     

Persistence and desistance: Examining the impact of re-integrative shaming to ethics in Taiwan juvenile hackers

The Internet community has been addressing the unethical behavior of juvenile delinquents for years. Nevertheless, the concepts of hacker shame and ethics have received little empirical study from a theoretical perspective in the field of cyber criminology. Braithwaite's re-integrative Shaming Theory posits that it can restrain individuals from committing future offenses, and that those who participate in this shaming process are less likely to consider breaking the law in the first place. Among the abundance of criminological theories, the re-integrative Shaming Theory may be the most suitable theory to restrain hacker activities. This study focuses on the working relationship between nine juvenile delinquents and the shaming mechanism applied to them. However, applying this approach to reduce recidivism among computer hackers requires a great deal of time and effort. It is proposed that the state of shame or remorse is associated with the compounded affective processes of hacker ethics. The proposed solution creates a code of ethics for hackers, distinguishes right from wrong, and ensures a greater success for Braithwaite's re-integrative shaming methods. This paper discusses the problems and solutions related to the Shaming Theory, as well as their usefulness in the context of community-based restorative justice. It is argued that re-integrative shaming, without appropriate consideration for the offender's personal code of ethics, is insufficient when handling hacking offenses committed by juveniles. Our main concern is to find out how to help or encourage the offender's reintegration and re-entering into the community, and how s/he can avoid failure. It is hoped that our proposed strategy can prevent future offending behaviors by these juveniles. Implications drawn from the findings are discussed, and suggestions are offered to ensure the success of this theory when applied to juvenile hackers.     

Reintegrative Shaming and Juvenile Delinquency in Japan

The Japanese juvenile justice system has been widely regarded as operating based on the principles of reintegrative shaming. Reintegrative shaming, as opposed to a stigmatizing form of shaming, communicates disapproval of wrongdoing with respect, and emphasizes rehabilitation, reintegration, and restoration. Central to reintegrative shaming at the initial contact point of the criminal justice system in Japan are apology and diversion by the local police. Citing juvenile delinquency cases reported in a major national newspaper in Japan, this study analyzes to what extent the community reacted to the delinquency upon its commission. This analysis helps clarify the juvenile justice process in Japan, and sheds light on the theory and practice of reintegrative shaming.     

Restorative Justice, Shame and Forgiveness

Restorative conferencing is a new style of criminal justice intervention which is being increasingly used in Britain, especially as a method of delivering police cautions to youth offenders.Is is currently the subject of a lively debate, focusing on its effectiveness as a method of crime reduction, its benefits tovictims, its feasibility in modern society, its effect upon procedural rights of arrestees, and the danger of it becoming a degradation ceremony. This paper seeks to extend the debate to include less obvious, but equally important, issues. The paper focuses on the processes of reintegrative shaming which, inspired by the work of John Braithwaite, are at the core of restorative conferencing. It places these processes in broader historical and cultural contexts, such as the re-emergence ofshame sanctions in the USA, the attack on the notion ofshame launched by cultural radicals, and the changes which have occurred historically in our emotional response to offenders.Three sets of questions emerge: What is the political –as distinct from penal – meaning of the practice of shaming offenders? How does the practice affect the progressive cultural aim of fuller realization of the individual? At what point doesforgiveness become less of a virtue, more of a vice?     

Shame, Guilt and Remorse: Implications for Offender Populations

The emotions shame and guilt may represent a critical stepping stone in the rehabilitation process. Often referred to as "moral" emotions owing to their presumed role in promoting altruistic behavior and inhibiting antisocial behaviors, shame and guilt provide potentially exciting points of intervention with offenders. In this article, we describe current psychological theory and research that underscores important differences between shame and guilt. We note parallels between psychologists' conceptions of guilt and shame, and criminologists' conceptions of reintegrative and disintegrative shaming. We summarize recent research investigating the implications of these moral emotions for criminal and risky behavior, with special emphasis on the handful of studies conducted with actual offenders. We conclude with a discussion of implications for treatment in criminal justice settings.     

The effectiveness of reintegrative shaming and restorative justice conferences: focusing on juvenile offenders' perceptions in Australian reintegrative shaming experiments

This article examines the effectiveness of diversionary restorative justice (RJ) conferences through the eyes of juvenile offenders. In Australia, Reintegrative Shaming Experiments (RISE) are based on Braithwaite's theory of reintegrative shaming. Previous studies, although showing that RISE reported high levels of victim satisfaction and positive changes in the attitudes of offenders, also demonstrated that it has different outcomes for juvenile offenders depending on the type of offense with which they were charged. However, the effectiveness of RISE in terms of the offenders' perceptions has not been addressed, and the impact of the offenders' perceptions about RISE still remains under investigation. Using Australian data from RISE between 1995 and 1999, this article examines juvenile offenders' perceptions on preventing reoffending, repaying the victim and society, and the degree of repentance. The data were taken from interviews with juvenile offenders to measure their perceptions after the court or RISE processing. A comparison of standard court processing effects and RISE on juvenile offending, including property crime, shoplifting, and violent offenses, was undertaken. The results from this study were somewhat inconsistent with previous research. In this study, there was no significant relationship between RJ conference and the offenders' own perceptions on the prevention of future offending. However, it was found that there were treatment effects on repaying the victim, repaying society, and the degree of feeling repentance, and that younger offenders wanted to repay the victim/society and feel repentance.     

REINTEGRATIVE SHAMING AND COMPLIANCE WITH REGULATORY STANDARDS*

Australian nursing home inspection teams are partitioned into those with an enforcement ideology supportive of reintegrative shaming, those who believe in being tolerant and understanding when confronted with noncompliance with the law, and those with a more stigmatizing ideology toward noncompliers. Nursing homes visited by teams with a reintegrative shaming ideology display significantly improved compliance in the period following the inspection. Nursing homes visited by inspection teams with a more stigmatizing attitude toward noncompliance display an approximately equal drop in compliance. The performance of homes visited by tolerant and understanding inspection teams falls between these two extremes. A more specific test of the theory shows that when interdependency exists between the nursing home and the inspection team, reintegrative shaming has a stronger positive effect on improving compliance. In nursing homes with no link between the home and the inspection team, reintegrative shaming has no effect on compliance levels. These effects demonstrate both the importance and the limitations of reintegrative shaming as a theoretical concept worthy of further empirical investigation.     

THE BEST SEAT IN THE HOUSE: THE COURT ASSIGNMENT AND JUDICIAL SATISFACTION

A survey of 355 judges examined the differences in judicial satisfaction between those assigned to problem-solving courts—such as drug treatment and unified family—and judges in other more traditional assignments such as family law and criminal courts. The unified family court systems, like drug treatment courts, have generally adopted the principles of therapeutic jurisprudence. Significant differences were found on each of the three survey scales: (1) helpfulness, (2) attitude toward litigants, and (3) positive effects of assignment. The judges who were in the problem-solving courts (drug treatment and unified family court) scored higher on all three scales than those who were not (traditional family and criminal court). The group of problem-solving court judges consistently scored higher than the other group of judges, with the drug treatment court judges scoring the highest. The group of traditional criminal court and family court judges scored less positively, with the criminal court judges having the lowest scores. The problem-solving court judges were more likely to report believing that the role of the court should include helping litigants address the problems that brought them there and were more likely to observe positive changes in the litigants. They were also more likely to believe that litigants are motivated to change and are able to do so. They felt more respected by the litigants and were more likely to think that the litigants were grateful for help they received. The problem-solving court judges were also more likely to report being happy in their assignments and to believe that these assignments have a positive emotional effect on them.     

The Effectiveness of a Mental Health Court in Reducing Recidivism in Individuals with Severe Mental Illness and Comorbid Substance Use Disorder

The current study examined the efficacy of a specialized mental health court in reducing recidivism for severely mentally ill defendants with comorbid substance use disorders. There is a wealth of research supporting the efficacy of mental health courts in reducing recidivism for those with severe mental illness; however, the benefit of these courts for individuals with severe mental illness and comorbid substance use disorders has received limited empirical attention. Participants were 514 defendants enrolled in either a traditional adversarial court or a specialized mental health court. Recidivism was assessed across different outcome variables, including frequency of reoffending, severity of new offenses, and length of time to reoffend. When compared to participants in the traditional adversarial court, enrollment in mental health court was associated with a greater length of time to rearrest and fewer participants were rearrested in the mental health court than the traditional court. Group differences between those with and without comorbid substance use disorders who were enrolled in the mental health court were not found across recidivism outcome metrics. Results of the current study are particularly promising given that defendants with substance use disorders are at a greater risk for reoffending.     

Social control in China: applications of the labeling theory and the reintegrative shaming theory

This article delineates the underlying philosophy and functions of social control in the Chinese society. This topic is particularly interesting because specific control functions are grounded in a unique macro-control system, which is totally different from that typical of Western countries. The article also scrutinizes the implications of labeling theory and reintegrative shaming theory, as they are elaborated in the West, and tests their sensitivity to cross-cultural differences. Although some caveats are in order, the evidence presented here tends to support the reintegrative shaming theory rather than labeling theory.     

Enhancing the Mental Health and Well‐Being of Infants,Children, and Youth in the Juvenile and Family Courts: A Judicial Challenge

At the invitation of the National Council of Juvenile and Family Court Judges, judges from the 30 largest juvenile jurisdictions in the country and mental health professionals met for two days in Tampa, Florida, March 18–19, 2000. Their discussions over this two‐day period resulted in the first draft of this document. Meeting again in July in Snowbird, Utah, members of the group reviewed and revised the original document. This second revision was mailed to members of the group and to the officers and board of the National Council for their review. Comments from this second draft were incorporated into the final document as it appears in this issue of the Juvenile and Family Court Journal. The experience and expertise represented by this dedicated group of judges and mental health professionals is reflected in the contents of this paper. Each of the participants is actively engaged in the process of systemic change in the delivery of mental health services in their communities, each can recount both successes and failures in the process of creating this change, and each brings experience and insight to this forum. This position paper is intended for the use of judges, court administrators, and mental health professionals who work with youth in the juvenile courts of our country. It is intended as a basic framework for the development of community systems of care which will serve children, youth, and families experiencing mental health problems appropriately and well.     

The Use of the Biblical Oath and Its Development

The use of the oath in Jewish law reflects the religious nature of this system of law: in case a litigant cannot receive justice from the human judges s/he is entitled to call on God by swearing an oath. I begin this survey of the use of oaths in Jewish law with a discussion of the nature of “swearing an oath” based on biblical stories and biblical rules that regulate the use of oaths outside court. I then focus on the use of the oath in court; I survey the domain of circumstances in which an oath is accepted by Jewish law as evidence according to the Bible, the Mishna, Gemara, and codifications. Finally, I exemplify how the oath is used in practice in the 20th century by one case from Rabbi Saul Ibn Dannan’s responsa book “Hagam Shaul”.     

Judges’ views on evidence of genetic contributions to mental disorders in court

This preliminary analysis assesses how judges view the use of behavioral genetics evidence on genetic influences to mental disorders in court. Twenty-one semi-structured interviews, analyzed using constant comparative analysis, were conducted with California trial court judges. Most judges reported the beneficial effects of this evidence being presented in court, particularly as a mitigating factor for sentencing. Yet some judges viewed it as an aggravating factor and expressed concerns about genetic privacy. Judges described initial reactions to being potentially presented with evidence on genetic influences to mental disorders as apprehension, curiosity, and sympathy. Judges also reported putting significant trust in experts on these issues. Findings suggest some judges are skeptical of this evidence, but largely open to its presentation. Sympathetic reactions may result in mitigating attitudes of some judges. As judges significantly trust experts, some judges could also be overly trusting of genetic evidence and expert opinion on these issues.     

A cognitive perspective on ethnicity,race, and termination of parental rights

The determination of parental “fitness” in termination of parental rights cases is open to much judicial discretion and, thus, potentially open to bias. Even if judges look to mental health professionals as expert witnesses, misattributions of racial and ethnic cues may still be likely given the poor state of our parenting models and the lack of ethnically and racially relevant normative data and measurement instruments. A social cognitive framework is used to examine the potential for bias in the nature of categories of information that judges and mental health evaluators currently use to make decisions. Recommendations for research and practice that might enhance judicial and mental health evaluator sensitivity to racial and ethnic differences in interaction, family structure, and parenting practices are reviewed.     

Effects of Court Officials on Sentence Severity: Do Judges Make a Difference?

The present article examines the effects on sentencing of a number of variables measuring court actors and their traits. Sentencing patterns were shown to vary substantially from judge to judge but the differences were found to be related more to the types of cases judges received than to sentencing styles of individual judges. Independent of traditional sociodemographic traits of offenders and legal variables, individual judges do not appear to sentence differently. Moreover, when we estimated equations which included judicial background characteristics, there were no discernible independent effects. These findings differ from both informed intuition and inferences one might draw from previous research. Consideration of subcultures of justice and cases on which court officials disagree about sentences may help explain differences between present and past research.     

The Courts in a Fragmented Criminal Justice System

The U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson in 1967 outlined a central role for courts in the criminal justice system. That role, however, has been somewhat diminished by the dominance of plea bargaining and the legislative enactment of mandatory minimum sentences that limit judges’ discretion. At the same time, judges have become more involved in specialized courts dealing in cases involving drugs and mental illness. A major topic of concern is the lower courts, which in many areas have changed little since the 1960s Commission. In those places, the traditional adversary process is not operating well, with many defendants pleading guilty unnecessarily in a system that may be designed primarily to collect fees. In violent crime cases, the imposition of capital punishment remains a controversial issue for states that is not likely to be resolved by a new national commission. The central court functions of sentencing and overseeing plea bargains are discussed elsewhere in this volume.     

Judges’ Perceptions of Screening,Assessment, Prevention,and Treatment for Substance Use, Mental Health,and HIV among Juveniles on Community Supervision: Results of a National Survey

Juvenile Justice‐Translational Research on Interventions for Adolescents in the Legal System (JJ‐TRIALS) National Survey was funded in part to describe the current status of screening, assessment, prevention and treatment for substance use, mental health, and HIV for youth on community supervision within the US juvenile justice system. Surveys were administered to community supervision agencies and their primary behavioral healthcare providers, as well as the juvenile or family court judge with the largest caseload of youth on community supervision. This article presents the findings from the judges’ survey. Survey results indicated juvenile and family court judges were open to innovations for improving the court's performance, rated their relationships with collaborators highly, and appreciated the impact of screening, assessment, prevention, and treatment on judicial practices.