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Literature Review of The Use of Shame With Sexual Offences - Essay Example

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The Use of Shame with Sexual Offences “The Use of ‘Shame’ With Sexual Offences” by Anne-Marie McAlinden is a provoking article that focuses a very important social concern. Anne has adopted a purely professional tone in her article and has dealt with serious legal aspects of the issue…
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Literature Review of The Use of Shame With Sexual Offences
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Download file to see previous pages Although Anne has taken an obvious standpoint in the beginning but she has presented the opposing arguments quite often in the article. The article is grounded into strong ethical boundaries and Anne has presented any personal details or hints. Public protection is the essence of any legislation either it is concerned with the pre-crime evasive measures or post-crime reclamation. The author has taken up a particular aspect of restorative justice, defined to be “a way of dealing with criminal offences by involving the offender, the victim, and possible community representatives in an informal negotiating process which results in the offender's undertaking some 'reparative' task.” (Hirsch et al. 2003). Anne give the brief overview of restorative justice and challenges it was facing. There critics of the restorative justice were asking for inflicting penalizations and penalties for the committers of sexual harassment and sexual offenders. They hold the point that this restorative justice does not have much to tackle the culprit and offers no good to society in the long run. Deflem has observed this in his article, “policies designed to treat and rehabilitate offenders had an unacceptably low success rate – especially when evaluated in the light of the very science which produced those policies – the discretion given to judges to fit sentences to the offender and not exclusively the offense seemed misplaced.”(Deflem, 2006). However, Anne defended his stance for use of shame as an instrument for restorative justice and criticized the current ‘what works’ approach of criminal justice policy and pointed out the lack of focus in legislation and implementation on sexual offences. Anne categorically claims that “the traditional form of retributive justice does not seem to be working.” It is not only Anne but a number of other experts have already advocated in favor of restorative justice and allied tools for ensured and improved effects and outcomes from it. The relationship between society and the offender’s infliction is often overlooked by the theorists as Durkheim has argued, “the function of punishment has less to do with the offender and more to do with a collective reaction of the community to the violation of its norms and an effort to re-establish solidarity around those norms.” (Deflem, 2006). Sexual assault against children is considered to be the most offensive and heinous crime and the retributive justice despite sentencing the offender can not integrate the offender with the community which increases the chances of a second attempt by the offender. This disintegration of the offender, according to Anne is required to be change into integration with the community through restorative justice. Although it might be referred as a ‘paradigm shift’ but it has to be case if reintegration is a declared ultimate objective of the justice system. The restorative system has its own advantages that cannot be overlooked, Carrabine has argued for the same, “the use of integrative shaming techniques, mediation and reparation aim to provide an alternative and more appropriate way of resolving disputes, confronting offenders with their wrong doing and empowering the victim.” (Carrabine et al., 2009, p.174.). Anne has righteously pointed out the role of media in the success of the restorative justice and has not been helping the cause by calling it a ‘ ...Download file to see next pagesRead More
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