Are Shaming Punishments Ever a Viable Alternative to Incarceration?

A rather unusual but interesting and credible conversation about “shaming punishments” as an alternative to incarceration. The question is, should we ever substitute elements of public shaming, or corporal punishment, or allow a defendant to substitute those things, for time in prison? Perhaps there’s a net gain there in some cases, and besides, we shame the hell out of most people anyway when we imprison them. On the other hand, could we tolerate the kinds of errors and excesses that come with such punishments? Here, two law professors square off.

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The National Trial Lawyers
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