Honor penalty
Shame or honor punishments are punishments that humiliate and expose a convicted person . In contrast to corporal punishment , the condemned person is not physically harmed or harmed only slightly. However, shame sentences were often given together with previous rod sentences and flogging .
Shame sentences were imposed in Europe in the late Middle Ages and in the early modern period by the lower jurisdiction . Shame punishments included the pillory , the stake , the basket of shame , the blasphemy , the neck violin , the shameful flute and the donkey ride .
Historical meaning
With the verdict and the execution of the sentence, the condemned person completely lost their social standing within a locality, because from then on they could no longer be regarded as respectable . She lost her civil rights (if any). It was no longer possible for her to take part in normal social life within the city, because the citizens tried to be seen as rarely as possible in intercourse with a person whose reputation had been ruined. They feared spoiling their own repute and tried to avoid this danger as best they could. The person in question was thus faced with modes of reaction that amounted to an ostracism . A person who was in the pillory was not allowed to be harmed, but soft foods such as e.g. B. grapes or tomatoes are thrown. In addition to revenge the own amusement could that this motif have been. Even goats licking at such a person is attested by means of an illustration.
In addition, there were usually restrictions in economic terms, because various trades and trades behaved restrictively . If a foreign writer or an apprentice , journeyman or even a master of the other guilds received an honorary penalty, he was expelled from the guild concerned. The code of honor provided for this.
Modern expressions
Honorary punishments in the broader sense also include marks of disgrace made visible to the outside world , targeted visual markings and targeted exposure. In certain contexts, for example, being barefoot marked a person as unfree or not belonging to civil or class society and to be presented in this way in public represented a serious offense of honor for them. In many countries this is still practiced in this way today ( see in detail barefootedness: captivity ). Nowadays, the compulsion to wear (conspicuous) convict clothing in public as well as the public demonstration of prisoners in shackles (e.g. handcuffs or ankle cuffs ), which is common in many countries, can have the de facto effect of a penalty of honor. The above-mentioned aspects are usually viewed as an offense of honor by the persons concerned, even without a public demonstration.
Recently, comparable so-called creative punishments have been reintroduced in the United States as an alternative to the traditional penal system because of its notorious overcrowding. Convicted were - partly optional, partly as direct punishment - z. B. condemned to be denounced in public places with signs on which their deeds were recorded, sometimes with pejorative comments. Others were convicted of publicizing their wrongdoing in newspaper advertisements or TV commercials and of making public apologies. Still others were forced to subject themselves to acts or circumstances which the judges judged to be equivalent to those which the convicts subjected their victims to. The effect of this “creative punishment” is controversial even in the USA.
In Germany, such a punishment is inadmissible because, on the one hand, it would be contrary to the Basic Law ( Art. 1 GG ), and on the other hand, it undermines the rehabilitation of the perpetrator after serving the sentence. Only juvenile criminal law provides the possibility of punishing criminal offenses by juveniles thematically and thus creatively to a certain extent. But the courts also have certain leeway when it comes to restitution requirements, whereby the convicted person's options must be taken into account. Public exposure, however, is prohibited.
Chief penalty
Asouade ( donkey ride )
Shame bin
Shame or blasphemy stones
Blasphemies
literature
- Michael Kubiciel: Shame Sanctions - honor penalties in the light of criminal theory . In: Journal for the entire criminal law science (ZStW) . 118 Vol., 2006, ISSN 0084-5310 , pp. 44-75.
