Florida State University Law Review, Vol. 46, 2019
38 Pages Posted: 2 May 2018
Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School
Northwestern University, School of Law, Students
Date Written: April 14, 2018
The punishment imposed on criminal offenders by courts often does not exhaust the hardship they experience. There are a number of collateral forms of punishment that many offenders are subjected to as a result of their offending. Some of these deprivations are institutional, such as being dismissed from employment or being disqualified to vote. Other hardships are less predictable and harder to quantify. Public scorn, often directed towards high profile offenders, such as O.J. Simpson and Anthony Weiner, can be the cause of considerable additional suffering to offenders. It can engender feelings of shame, embarrassment and humiliation. At the same time, the high profile nature of the cases provides courts with an opportunity to demonstrate to the wider community the consequences of violating the law. There is no established jurisprudence regarding the role that public criticism of offenders should have in sentencing decisions.