Perp Walks as Punishment
When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connect...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Springer Science + Business Media B. V
[2015]
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| In: |
Ethical theory and moral practice
Year: 2015, Volume: 18, Issue: 3, Pages: 615-629 |
| IxTheo Classification: | NCD Political ethics VA Philosophy XA Law |
| Further subjects: | B
Punishment
B Perp walks B Communicative theories B Antony Duff |
| Online Access: |
Volltext (Verlag) Volltext (doi) |
| Summary: | When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one relatively minor respect, Strauss-Kahns defenders were correct. They were correct to argue that the parading of Strauss-Kahn before the press, in handcuffs - the so-called perp walk - constituted a form of punishment; and thus that it contravened the principle that criminal punishments should only be administered after a fair trial. So-called expressive theorists of punishment hold that a form of harsh treatment can only constitute a form of punishment if it has an expressive role. Within the expressive family, we can distinguish between views on which the primary target of the communication to be the society of which either offender, or victim, or both are memberswhat I call Denunciatory Views, and views which take the principle target of penal communication to be the offendersuch as Antony Duffs Communicative View. I shall argue that on both a minimal account of punishment and on either kind of expressive view, perp walks are a form of punishment. |
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| ISSN: | 1572-8447 |
| Contains: | Enthalten in: Ethical theory and moral practice
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| Persistent identifiers: | DOI: 10.1007/s10677-014-9545-5 |