In Nathaniel Hawthorne's novel The Scarlet Letter, Hester Prynne, a Puritan woman, commits adultery with Reverend Dimmesdale. As a form of punishment, the judge forces Hester to wear a scarlet letter to signify her wrongdoing. The purpose of the scarlet letter is to correct Hester’s conduct. With the symbol of the scarlet letter, Hester’s Puritan community publicly judges and ridicules her. Today, judges sometimes still use public shaming as a form of punishment. For example, judges may order the offender to hold a sign describing the offense. Since the offender stands out in public, the community mocks and judges the offender. Judges should not use public shaming as a form of punishment towards an offender. Public shaming may incite …show more content…
Some may argue that public shaming towards an offender is not a form of cruel and unusual punishment. As long as sentences influence deterrence, “sentences involving public shaming are constitutional” (Beato). Judges have the right to use public shaming to deter others from committing the same crime. By using public shaming, judges can also avoid the costly effects of imprisonment. Through public shaming, offenders can avoid the harsh conditions of imprisonment. Offenders face harassment, torture, and a mark on their record while spending time in prison. Against the eighth amendment, judges allow cruel and unusual punishments towards offenders. Judges have the right to decide on any form of punishment towards an offender. The judicial branch created the power of judicial review. Judicial review allows for judges to own the power of deciding the solution to each case. Publicity influences the judge to decide on a form of punishment. In order to obtain publicity, judges can produce numerous cruel and unusual punishments. With cruel and unusual punishments, humiliation can not deter other from committing a similar crime. The offender would be affected by the cruel and unusual punishment. Cruel and unusual sentence can affect the offender by having a consequence that is