Shame and Simpson

Law prof Stephanos Bibas (Penn) is quoted in this opinion piece in The Washington Post, "Abandoned OJ Project Shows Shame Still Packs a Punishing Punch."  Here is a bit:

The whole project was pure shamelessness. A controversial former football star, who many believe got off scot-free after killing two people, writes a book about how he might have committed the murders. It was an end zone dance in the worst possible taste. Everyone was outraged but had to concede that O.J. Simpson, once acquitted, was beyond the reach of the law.

But Simpson and his publisher, Judith Regan, were within reach of another powerful tool that is not much used in American society: shame. Facing growing outrage and scorn, News Corp. chief executive Rupert Murdoch canceled the book project last week.

For Stephanos Bibas, a law professor and former prosecutor, the saga was grounds for celebration, because it showed that shame remains a powerful tool in America.

For nearly two centuries, using shame as a weapon against wrongdoing has steadily fallen into disfavor in the United States, even as it continues to be an essential part of social discourse in more traditional societies. After the rise of penitentiaries around 1800, the idea of shaming wrongdoers was replaced by more impersonal forms of punishment such as incarceration.

But in the past decade or two, a number of scholars have become interested in the uses of shame, especially in the criminal justice system. Bibas and others think the steady erosion of shame in U.S. courts and society has proved financially costly to the country, deprived victims of a sense of vindication and kept wrongdoers from feeling remorseful.

"I was very pleasantly surprised to see shame, and the shaming of Rupert Murdoch, triumph over O.J.'s shamelessness," Bibas said. "There are, apparently, some things that still go too far."

There's more; check it out.  For an earlier MOJ post on this topic, click here.