As the costs of incarceration mount and evidence of its failure as a
deterrent grows, judges understandably have begun to search for creative
alternatives to traditional sentences. One recent trend is the use of
"shaming" sentences—sanctions explicitly designed to induce
feelings of shame. Judges across the country are sentencing offenders to
parade around in public carrying signs broadcasting their crimes, to post
signs on their front lawns warning neighbors of their vices, and to
display "drunk driver" bumper stickers on their cars.
A number of social commentators have urged America to embrace public
shaming and stigmatization as cheaper and effective alternatives for
curbing a broad range of nonviolent crimes. Punishments aimed at public
humiliation certainly appeal to our sense of moral righteousness. They do
indeed appear fiscally attractive when contrasted with the escalating
costs of incarceration. But recent scientific evidence suggests that such
attempts at social control are misguided. Rather than fostering
constructive change, shame often makes a bad situation worse.
The crux of the matter lies in the distinction between shame and guilt.
Recent research has shown that shame and guilt are distinct emotions with
very different implications for subsequent moral and interpersonal
behavior. Feelings of shame involve a painful focus on the self -- the
humiliating sense that "I am a bad person." Such humiliation is
typically accompanied by a sense of shrinking, of being small, worthless,
and powerless, and by a sense of being exposed. Ironically, research has
shown that such painful and debilitating feelings of shame do not motivate
constructive changes in behavior.
Shamed individuals are no less likely to repeat their transgressions
(often more so), and they are no more likely to attempt reparation (often
less so). Instead, because shame is so intolerable, people in the midst of
the experience often resort to any one of a number of defensive tactics.
They may seek to hide or escape the shameful feeling, denying
responsibility. They may seek to shift the blame outside, holding others
responsible for their dilemma. And not infrequently, they become
irrationally angry with others, sometimes resorting to overtly aggressive
and destructive actions. In short, shame serves to escalate the very
destructive patterns of behavior we aim to curb.
Contrast this with feelings of guilt which involve a focus on a
specific behavior—the sense that "I did a bad thing" rather
than "I am a bad person." Feelings of guilt involve a sense of
tension, remorse, and regret over the "bad thing done." Research
has shown that this sense of tension and regret typically motivates
reparative action (confessing, apologizing, or somehow repairing the
damage done) without engendering all the defensive and retaliative
responses that are the hallmark of shame. Most important, feelings of
guilt are much more likely to foster constructive changes in future
behavior because what is at issue is not a bad, defective self, but a bad,
defective behavior. And, as anyone knows, it is easier to change a bad
behavior (drunk driving, slumlording, thievery) than to change a bad,
defective self.
How can we foster constructive feelings of guilt among America's
offenders? Well, one way is to force offenders to focus on the negative
consequences of their behavior, particularly on the painful negative
consequences for others. Community service sentences can do much to
promote constructive guilt when they are tailored to the nature of the
crime. What is needed are imposed activities that underscore the tangible
destruction caused by the offense and that provide a path to redemption by
ameliorating similar human misery. Drunk drivers, for example, could be
sentenced to help clear sites of road accidents and to assist with
campaigns to reduce drunk driving. Slumlords could be sentenced to assist
with nuts and bolts repairs in low-income housing units. In this way,
offenders are forced to see, first-hand, the potential or actual
destructiveness of their infractions and they become actively involved in
constructive solutions.
Some critics have rejected community service as an alternative to
incarceration, suggesting that such community-based sentences somehow
cheapen an otherwise honorable volunteer activity while at the same time
not adequately underscoring the criminal's disgrace. Scientific research,
however, clearly indicates that public shaming and humiliation is not the
path of choice. Such efforts are doomed to provoke all sorts of unintended
negative consequences. In contrast, thoughtfully constructed
guilt-oriented community service sentences are more likely to foster
changes in offenders' future behaviors, while contributing to the larger
societal good. My guess is that any honorable community service volunteer
would welcome such constructive changes. •
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