Exam 3: Correctional Sentencing and Goals

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Reintegrative shaming is a concept in criminology that refers to a process by which an individual who has committed an offense is made to feel guilt and remorse for their actions, but is also provided with opportunities to be forgiven and reintegrated into society. This approach contrasts with stigmatizing shaming, where the offender is labeled as a bad person and is excluded or ostracized from the community, which can lead to further criminal behavior.

The term was popularized by John Braithwaite in his 1989 book "Crime, Shame and Reintegration." According to Braithwaite, reintegrative shaming is a key mechanism in controlling crime in societies with low crime rates. It involves expressing community disapproval for the offense while maintaining respect for the offender as a person. The process encourages the offender to understand the impact of their actions, to take responsibility, and to make amends, thereby facilitating their reacceptance into the community.

Reintegrative shaming can occur in formal settings, such as a court or restorative justice program, or in informal settings, such as within families or communities. The ultimate goal is to reduce recidivism by strengthening social bonds and the offender's moral conscience, rather than pushing the individual further into a criminal lifestyle through stigmatization and exclusion.

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Mala prohibitum is a Latin term that translates to "wrong because it is prohibited." This legal concept refers to actions that are considered wrong not because they are inherently evil or morally reprehensible, but because they are prohibited by law. In other words, mala prohibitum offenses are not wrong in themselves but are made offenses by specific laws or regulations.

The distinction between mala prohibitum and mala in se (which means "wrong in itself") is important in the field of criminal law. Mala in se offenses are those that are universally considered wrong or immoral, such as murder, rape, and theft. These actions are inherently wrong regardless of whether they are specifically prohibited by law.

In contrast, mala prohibitum offenses might not be inherently immoral, but they are deemed necessary to regulate by the government for the welfare of society. Examples of mala prohibitum offenses include jaywalking, parking violations, and certain regulatory offenses in business or environmental law. These laws are often created to ensure safety, order, or to further societal goals.

The concept of mala prohibitum recognizes that a society has the authority to establish rules and regulations for the behavior of its members, which must be followed to maintain order and protect the public interest. Violations of these rules are punishable by law, even if the act itself does not violate a universal moral standard.