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April 15, 2015

"Trending Now: The Use of Social Media Websites in Public Shaming Punishments"

The title of this post is the title of this intriguing new piece authored by Lauren Michelle Goldman now available via SSRN. Here is the abstract:

This Note proposes that a social media shaming sanction might be an effective addition to the menu of public shaming punishments the judiciary already offers.  Section II of this Note lays the foundation of shaming punishments in America, giving an overview of their history and development.  Section III discusses the Ninth Circuit’s recent decision in Gementera, in which the court upheld a modern-day public shaming punishment, as well as other select cases that have upheld public shaming punishments that involve print media.

Section IV outlines the current scholarly debate surrounding the use of public shaming punishments.  Section V gives an overview of the presence of social media and Internet usage in today’s society, discusses a new trend among parents in which parents have begun to utilize social media to punish their children, and evaluates public shaming punishments via social media websites from the vantage point of various criminal law theories.  Finally, Section VI advocates for the inclusion of online social media public shaming punishments into the judiciary’s already expansive list of sentencing options, but with some limitations and guidelines.

April 15, 2015 at 11:43 AM | Permalink

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Comments

Pretty girls were staring at the Supremacy. So it said, "What?" I heard you on the radio. It had been on the radio only a few minutes, saying really stupid stuff. It does not matter. Publicity is highly rewarding. Serila killers are getting mash notes from strangers. They may even get married in stir. That is why the Supremacy opposes all public display of punishment.

Posted by: Supremacy Claus | Apr 16, 2015 4:49:47 PM

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