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Punishment

  • Wendy O’Brien

摘要

Through a critical examination of the historical role of public shaming and retribution as elements of expressive justice, this chapter identifies that the public identification of children in conflict with the law gives rise to particularly troubling forms of extrajudicial punishment in the digital age. Through case studies, the chapter identifies that pre-digital law, legislative lacunae, and the punitive provisions of expansive law permit unregulated public participation in the online shaming of children at various stages of children’s contact with the criminal justice system. Noting that the permanent, global, and viral reach of online shaming imposes profound risks of violence and exclusion, the chapter argues that the digital age demands a renewed commitment to privacy and anonymity safeguards for children in conflict with the law.