Hadjimatheou, Katerina (2016) Criminal labelling, publicity, and punishment. Law and Philosophy . doi:10.1007/s10982-016-9274-0

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Abstract

This paper considers whether publicizing criminal labels is justified as a form of punishment. It begins by arguing that making criminal labels public is inevitably stigmatizing and that stigmatization is not, as is often implied, a defining aspect of censure, but needs independent justification. It argues that justifying grounds for public criminal labelling cannot be found in either the communicative account of punishment or deterrence theory. Rather, public criminal labelling should be understood as undermining of both the communicative and the deterrent functions of punishment. Recent empirical work is drawn upon to support the claims about public criminal labelling and deterrence.

Item Type:	Journal Article
Subjects:	H Social Sciences > HV Social pathology. Social and public welfare
Divisions:	Faculty of Social Sciences > Politics and International Studies
Library of Congress Subject Headings (LCSH):	Criminals, Punishment , Criminal justice, Administration of, Ethics, Publicity, Stigma (Social psychology)
Journal or Publication Title:	Law and Philosophy
Publisher:	Springer
ISSN:	0167-5249
Official Date:	13 October 2016
Dates:	Date Event 13 October 2016 Available 20 September 2016 Accepted
DOI:	10.1007/s10982-016-9274-0
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Open Access
Funder:	Seventh Framework Programme (European Commission) (FP7)
Grant number:	Grant No. 284725 (FP7)

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