Humiliation as Punishment

By: Steven Penaro

When asked what a person’s greatest fear is most Americans will tell you that it is a fear of public speaking.  When asked why that is their greatest fear, most people will tell you that they don’t want to be embarrassed or feel humiliated in front of their peers.  If embarrassment and humiliation has such a profound affect on the psyches of individuals, why is this not a remedy used in American courts?  I realize that some legal punishments play off this notion.  For example, registered sex offenders are often required to alert the people in their neighborhood that they have committed a sexual offense.  Why not incorporate this logic into frauds on Wall Street, professional scam artists, or corrupt government officials?  Imagine getting a message from a new neighbor saying that he has defrauded the public out of millions of dollars.  If that were a punishment, do you think these criminals would think twice about committing an unlawful and immoral act?

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