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Reintegrative Shaming

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Barnard, Jayne W. Reintegrative Shaming in Corporate Sentencing

The Organizational Sentencing Guidelines were intended to be an organic document to be altered as experience suggests additional ways in which sentencing procedures could be more effective in minimizing criminal activities.201 This Article proposes an amendment to the Guidelines, designed (1) to increase the likelihood of corporate self-reporting of crimes and cooperation with investigators in determining the scope and extent of a corporation’s crime, and (2) to increase the likelihood that corporations— especially public ones—will be more attentive to legal compliance values, and more assiduous in establishing internal compliance programs. Both of these objectives are salutary and achievable. (excerpt)

Botchkovar, Ekaterina V. and Tittle, Charles R.. Crime, Shame, and Reintegration in Russia

The article begins with an extensive examination of shaming theory and prior research relating to it. Braithwaite’s shaming theory posits that reintegrative shaming inhibits future misbehavior and that those who participate in the shaming process are less likely to misbehave in the first place. Based on this examination, the authors hypothesize that: 1) participation in shaming is negatively associated with misbehavior; 2) having been reintegratively shamed is negatively associated with misbehavior; and 3) stigmatizing experience is positively associated with future misconduct. Four subsidiary hypotheses were also examined. Data were collected from interviews conducted in July and August 2002 with 224 Russian citizens, of which 70 percent were women. Dependent variables measured were the chance of personally committing one of four specific offenses; independent variables were participating in gossip, being reintegratively shamed, and being disintegratively shamed. Analyses of the data resulted in mixed evidence about shaming theory. The results suggest that contrary to the contention that reintegrative shaming would have a positive effect while disintegrative shaming would have a negative effect, the results provide evidence that shaming of any kind, whether reintegrative or disintegrative, may have negative consequences. The findings also show that participating in gossip is unrelated to future deviance and that guilt or fear of losing respect for others for potential misbehavior do not seem to be related to past shaming experiences nor do they mediate supposed relationships between past shaming experiences and misconduct. These findings, along with previous research, suggest that shaming theory may need further refinement. Study limitations are discussed. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.

Braithwaite, John. Rape, Shame and Pride. Address to Stockholm Criminology Symposium, 16 June 2006.

A proposition of the theory of reintegrative shaming is that a reason some societies have lower rates of rape is that rape is unthinkable to most men in those societies. This presentation shows how war interrupts the unthinkableness of rape. Bougainville society seems to have had a low level of rape until its war of the 1980s and 1990s. A single rape was one of the important sparks that lit its civil war. It caused perhaps over 5% of the population to lose their lives and perhaps over a third to be displaced from their homes. As in most wars, rape became common in Bougainville. A theory of why war causes epidemics of rape helps criminologists understand rape better. It can also help international relations scholars to see that the bigger problem caused by armed conflict today may be crime rather than battle deaths. Rape in peace and in war is interpreted according to Eliza Ahmed’s theory of shame management and pride management. Ahmed’s work is seen as an important advance in evidence- based criminological theory. A deficiency of reintegrative shaming theory is that it neglects pride as the flip side of shame as an emotion. Shame displacement may be important to the explanation of rape; yet narcissistic pride may be more important. In war we see more vividly the social dynamics of how shame displacement and narcissistic pride allow both rape and the onset of war itself.Bougainville helps us to ponder how historically sustained, deep and broad restorative justice processes may be part of what is needed to return a society to peace and to low levels of rape.(author's abstract)

Goold, Benjamin. Restorative Cautioning, Theories of Reintegration, and the Influence of Japanese Notions of Shame

Certainly one of the most significant developments in the treatment of young offenders in Britain over the past decade has been the move away from punitive forms of cautioning towards a new type of informal disposal known as "restorative cautioning". Although there is now a considerable body of academic and professional literature that examines the theory and practice of restorative cautioning, recently little has been written about the intellectual and cultural origins of this new approach to punishment and dispute resolution. This article explains some of the central notions of restorative justice, drawing particular attention to the influence of Japanese notions of shame and community on cautioning practices in Britain and elsewhere. (excerpt)

Harris, Nathan. Reintegrative Shaming, Shame, and Criminal Justice.

This study tested the implication of reintegrative shaming theory (RST) (Braithwaite, 1989) that social disapproval (shaming) has an effect on the emotions that offenders feel. Interviews were conducted with 720 participants who had recently attended a court case or family group conference in the Australian Capital Territory, having been apprehended for driving while over the legal alcohol limit. Analyses show that shame-related emotions were predicted by perceptions of social disapproval, but that the relationship was more complex than expected. Differences between the shame-related emotions may have implications for theory. Comparisons between the court cases and family group conferences were consistent with expectations that restorative justice interventions would be more reintegrative, but also showed that they were not perceived as less stigmatizing. (author's abstract)

Hendrix, Gina Marie. A Test of Reintegrative Shaming Theory's Concepts of Interdependence and Expressed Shame in Restorative Justice Conferencing.

This thesis examines Braithwaite's (1989) reintegrative shaming theory's concepts of interdependence and expressed shame. Interdependence is operationalized through an adaptation of Hirschi's (1969) social control theory, specifically attachment to mother, commitment to conventional institutions of church and school, and involvement in conventional activities. Data from the Indianapolis Restorative Justice Experiment are used. Bivariate analysis was employed to examine the relationship between diversion group assignment and levels of interdependency and expressed shame. Multivariate analysis was employed to examine the relationship of interdependency and expressed shame with re-offending. Results showed youths that completed restorative justice conferencing had higher levels of interdependency and expressed shame than control youths, but interdependency and expressed shame were not predictive of re-offending. Limitations and implications are discussed. Author's abstract.

Maxwell, Gabrielle and Morris, Allison. What is the Place of Shame in Restorative Justice?

As Gabrielle Maxwell and Allison Morris observe, John Braithwaite’s theory of reintegrative shaming (1989) has been quite influential in providing a basis for restorative justice in general and for some forms of conferencing in particular. (Braithwaite himself linked shaming with family group conferences in New Zealand and traditional Maori conflict resolution processes.) Following this, Masters (1998) argued that shame is a critical component in the development of effective restorative justice. Maxwell and Morris dissent. They do not link shaming with family group conferences in New Zealand, nor do they see shaming as an essential part of restorative justice. Hence, in this essay Maxwell and Morris question these presumed links between shaming and effective crime control at both theoretical and empirical levels.

McAlinden, Anne-Marie. The Use of 'Shame' With Sexual Offenders

This article explores the use of shaming mechanisms with sexual offenders, particularly those who offend against children. Shaming -- a central concept in the broader theory of restorative justice -- may be of two varieties. The first -- 'disintegrative shaming' -- characterizes the traditional retributive framework of justice and is evident in recent state-led and popular responses to the risk posed by released sexual offenders. Far from ensuring offender integration, the net result is often labelling, stigmatization, ostracism and a return to offending behaviour. The second -- 'reintegrative shaming' -- affirms the offender's membership within law-abiding society. This has been used in several jurisdictions as the basis of restorative support and treatment networks for sexual offenders where the community works in partnership with state and voluntary agencies. Contrary to arguments put forward by critics of restorative justice, this article argues that such cases may be particularly suitable for a restorative approach. (Author's abstract).

Menzel, Kenneth. Circle Sentencing as a Shaming Sanction

At its heart, circle sentencing is a form of shaming. In the presence of the victim of her crime, her peers, and the community at large, an offender must own up to the wrongful conduct in which she engaged. By personally publicizing her criminal act, an offender can expect to feel markedly embarrassed, decidedly shaken, and wholeheartedly regretful. Thus, instilling shame upon the offender is a major purpose of circle sentencing. At the same time, however, the shame instilled upon the offender lasts no longer than the length of that particular circle sentencing episode. By virtue of the personalized nature of the sentence, the legitimacy of the sentence giver, and the atmosphere conducive to apology, the offender is reincorporated back into the community without any lingering badge of dishonor. Simply put, the shame placed upon the offender, while great, is also finite and is ultimately lifted in favor of community reintegration.

Morris, Allison. Revisiting reintegrative shaming

In this article, Morris looks again at John Braithwaite’s theory of reintegrative shaming.

Murphy, Kristina and Harris, Nathan. Shaming, Shame and Recidivism: A Test of Reintegrative Shaming Theory in the White-Collar Crime Context.

Despite the popularity of reintegrative shaming theory in the field of criminology, only a small number of studies purporting to test it have been published to date. The aim of the present study, therefore, is to provide an empirical test of Braithwaite's (1989; Braithwaite and Braithwaite 2001) theory of reintegrative shaming in the white-collar crime context. The data on which the study is based came from survey data collected from a group of 652 tax offenders. Consistent with predictions, it was found that feelings of reintegration/stigmatization experienced during an enforcement event were related to reoffending behaviour. Those taxpayers who felt that their enforcement experience had been reintegrative in nature were less likely to report having evaded their taxes two years later. Consistent with Braithwaite and Braithwaite's (2001) hypotheses, shame-related emotions were also found to partially mediate the effect of reintegration on subsequent offending behaviour. Implications for the effective regulation of white-collar offenders are discussed. (author's abstract)

Pynchon, Victoria.. Shame by Any Other Name: Lessons for Restorative Justice From the Principles, Traditions and Practices of Alcoholics Anonymous

Restorative Justice theorists and practitioners assert that censuring the offender’s criminal behavior and its deleterious effect on the victim without stigmatizing him will engender empathy for the victim and accountability in the offender, thus reducing recidivism. Whether participation in a single VOM can accomplish such far-reaching foals has been the subject of much debate in restorative justice circles. This paper suggests that a thorough understanding of – together with shame-reducing VOM practices and post-offender shame-reduction ‘recovery’ programs – are absolutely necessary if restorative justice is to achieve its rehabilitative goals. (excerpt)

Sherman, Lawrence W and Strang, Heather. The Right Kind of Shame for Crime Prevention

Claiming that the Australian Federal Police in Canberra have adopted alternative restorative justice techniques, the authors discuss two kinds of shame, as distinguished by John Braithwaite: stigmatic shaming, which disintegrates the moral bonds between the offender and the community; and reintegrative shaming, which strengthens the moral bonds between the offender and the community. They argue that shame does not require humiliation. Rather, reintegrative shaming condemns the crime, not the criminal. It gives offenders the opportunity to re-join their community as law-abiding citizens. In order to earn that right to a fresh start, offenders must express remorse for their past conduct, apologise to any victims and repair the harm caused by the crime.

Webb, Tony. Towards a mature shame culture: theoretical and practical tools for personal and social growth

Towards a mature shame culture seeks to identify new tools for social change through a deeper understanding of the social psychology of shame and guilt. The study takes as its starting point a suggestion by Richard Hauser and Hephzibah Menhuin-Hauser that many personal and social crises can be interpreted through the lens of a late 20th Century transition from a guilt culture to an 'infantile' shame culture. Implicit in this is the need to develop more socially mature forms.This idea is placed in the context of praxis for personal/social growth drawing on previously unpublished material from the Hauser's archive. The study then explores a theoretical framework for understanding the social psychology of emotions in general, and shame in particular. It draws on affect psychology, micro-sociology and social attachment theory. Shame is located primarily as a social emotion, with a normative function of monitoring social bonds between people - rather than, as it is usually framed, as a 'self-conscious', 'negative' and 'pathological'emotion. This reframing of the experience highlights the 'salutogenic' function of shame in building and strengthening relationships. In this frame much of what is commonly thought of as 'shame' can be seen to be the result of unacknowledged shame, where other emotions are bound to the sense of shame and carried as 'toxic' memories of unresolved shame experiences. This pattern of unresolved shame can be seen at the root of the personal and social pathologies of violence and alienation.The study charts how attempts to communicate this salutogenic perspective on shame led to an experiential education workshop Working with shame… Finally, the study explores how this perspective on shame might inform social crisis-intervention programs at community level; and how it might be applied to the larger, and longer-term challenge of bringing about cultural change. Author's abstract.

Zandbergen, Anke. Shaming in a Dutch diversion project

In this paper Zandbergen, reviewing a Dutch diversion project for juveniles, maintains that it constitutes an application of Braithwaite’s reintegrative shaming theory. Her argument consists of a description of this Dutch diversion project, a summary of reintegrative shaming, and a discussion of shame and guilt. Preliminary research findings on this project are also included.