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.

Reintegrative and Disintegrative Shaming:Legal and Ethical Issues

Abstract
This chapter considers a range of legal and ethical issues raised by the use of reintegrative and disintegrative shaming techniques (Braithwaite, 1989) with sex offenders. ‘Disintegrative shaming’ labels and stigmatises offenders, ostracises them from the local community and may result in violence directed towards offenders (McAlinden, 2005, 2007). ‘Reintegrative shaming’, on the other hand, focuses on rehabilitating the offender within a supportive community environment and assisting the offender in their efforts to change. The former is evident in the range of recent legislative responses designed to protect the community from sex offenders such as notification as well as the popular demand for measures which ‘name and shame’ known sex offenders. The latter is more clearly related to restorative measures such as circles of support and accountability. This chapter argues that although traditionally at opposite ends of the intervention spectrum, each type of mechanism gives rise to potentially difficult legal and ethical considerations.

Emotions, Crime and Justice: Exploring Durkheimian Themes

The process of ‘emotionalization’ of law and criminal justice has decisively changed criminological perspectives on the role of emotions in crime and justice during the last decade. ‘Reintegrative Shaming’ and Restorative Justice have been influential in re-shaping criminal justice around the globe, and the ‘return of emotions’ into criminological perspectives, theories and research is presently re-configuring notions of the ‘rational offender’ and criminal justice policies based on these. This paper seeks to carve out a distinctly sociological perspective on the link between emotions, crime and justice, and explores its potential through four ‘Durkheimian themes’.

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’, characterises 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, stigmatisation, 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.

Restorative Justice and Sex Offending

This essay examines the origins and uses of restorative justice with sexual offending and the contemporary challenges and controversies surrounding this. It charts the range of ad hoc initiatives which have sought to apply a restorative form of intervention with violent or sexual offending from first time and ‘acquaintance’ rape as well as young sexual abusers to high risk sexual offenders in the form of circles of support and accountability. Such schemes are often presented as a counter to the failings of retributive forms of justice and are premised on Braithwaite’s (1989) notion of ‘reintegrative shaming’ that seek to reintegrate offenders into the community. Critics of restorative justice traditionally put forward a number of core objectives when restorative justice is applied to serious forms of offending such as sexual offending. The essay also sets out and seeks to counter these principal challenges and how they may be overcome. For the most part, however, restorative justice has failed to reach its potential as a fully fledged sentencing rationale in being applied as a mainstream response to a wide range of offending including that at the higher end of the spectrum. The essay also seeks to examine barriers to restorative justice within contemporary penal policy and to highlight some of the most controversial applications of the restorative paradigm including those related to clergy sexual abuse. It concludes by offering some thoughts on the future of restorative justice as a mainstream responses to serious forms of offending.

Tre gärningspersoners erfarenheter av medling vid brott

Medling vid brott är relativt nytt i Sverige. Internationell forskning inom området har bedrivits i ca 20 år men svensk forskning inom området är begränsad. Från och med januari 2008 blir alla Sveriges kommuner skyldiga att erbjuda medling vid brott i fall då gärningspersonen är under 21 år. Medling vid brott har sitt ursprung i filosofin om reparativ rättvisa, men har som fenomen främst utvecklats utan direkt teoretisk förankring. Det övergripande syftet med denna studie var att skildra tre gärningspersoners erfarenheter av medling vid brott, samt att beskriva de filosofier och teorier som stödjer medling vid brott och presentera de lagar som reglerar metoden. En enkät formulerades för att ta reda på om ungdomar mellan 13-18 år kände till medling vid brott. För att få reda på gärningspersonernas erfarenheter av medling vid brott användes semi-strukturerade kvalitativa intervjuer, med frågeställningar om varför intervjupersonerna ställde upp, hur medlingsmötet upplevdes och hur de kände innan samt efter medlingen. För att hitta lämpliga intervjupersoner kontaktades medlingsverksamheter runt om i Sverige vilket resulterade i sammanlagt tre intervjuer. Analysen av intervjuerna gjordes utifrån tidigare forskning inom området samt utifrån teorierna om reintegrative shaming och empowerment. Vårt val av teorin om reintegrative shaming grundades utifrån att vi under studiens gång uppmärksammade att denna teori hade hög relevans för ämnet. Valet av teorin om empowerment gjordes efter att vi läst in oss på teorin om restorative justice, då vi fann att delar i denna filosofi kunde sammankopplas med tankegångar inom teorin om empowerment. Resultatet av enkätundersökningen visade att av 169 tillfrågade hade 46 st hört talas om medling tidigare. Resultatet av intervjuerna visade att alla tre intervjupersonerna fått en annan syn på brottsoffret och brottet efter deltagandet i medlingen och upplevde medlingsmötet som positivt.

Desistance from Sexual Offending: Do the Mainstream Theories Apply?

The literature on desistance from crime has become well established in recent years with strong bodies of evidence supporting the role of factors such as employment, relationships and identity change in this process. However, the relevance of this literature to individuals convicted of sexual crimes is not known as such individuals are almost always excluded from this research. This article presents the results from one of the first empirical studies on desistance from sexual offending based on 32 in-depth life story interviews with adult males previously convicted of child sex offences. In this analysis we explore the significance of work, the role of relationships, and changes in imagined selves in the self-identities of individuals successfully desisting from sexual offending. The findings provide support for all three factors in helping to sustain desistance from sex offending, but also suggest clear differences between desistance from sex offending and other types of crime in these regards.

More than naming and shaming needed to stop corporate tax avoidance

The report of the Senate Economics References Committee inquiry into corporate tax avoidance comes with the subtitle – “You cannot tax what you cannot see”, with a strong focus on increased transparency. The majority of the 17 recommendations in the interim report relate to improved transparency of the tax affairs of corporate taxpayers. This is a significant step in the right direction. Recent experiences in the war on corporate tax avoidance both in Australia and overseas confirm that “information is power”. Most notably, we have seen increased transparency changing the behaviour of multinational enterprises as well as inducing governments to act.

Rejection, Shaming, Enclosure, and Moving On: Variant Experiences and Meaning Among Loyalist Former Prisoners:Variant Experiences and Meaning Among Loyalist Former Prisoners

This article unpacks the variant meanings, perceptions, and experiences of violent enactment and stigmatic shaming among loyalists with regard to rejection, harm, and masking. What we locate is a landscape of variable emotions, experiences, neutralization techniques, dependences, and embedded forms of fatalism as well as resilience. Attending to those alternate positions and well-beings is important in considering the capacity of re-integration and the presently uneven nature of it. In adopting an account-driven format we present and analyze how involvement in violent conflict can, on the one hand, provoke persistence and senses of transitional thinking and on the other engender rejection and related fatalistic attitudes.