4.12 Substantive Law: Community-Based Sentences

In addition to incarceration and monetary sanctions, the defendant may be sentenced to some form of community-based sanction.

4.12.1 Community Shaming

Some judges, seeking alternatives to jail or prison, have imposed creative sentences such as requiring offenders to make public apologies, place signs on the door reading, “Dangerous Sex Offender, No children Allowed,” and attach bumper stickers proclaiming their crimes. These sentences are intended to shame or humiliate the offender and satisfy the need for retribution. Shame is part of the restorative justice movement, but for it to be effective, it needs to “come from within the offender. … Shame that is imposed without almost always hardens the offenders against reconciliation and restoration of the damage done” (Shame and Shaming in Restorative Justice, n.d.).

4.12.2 Community Service

Although not necessarily specified in the criminal code, judges frequently sentence offenders to complete community service as a condition of probation. Generally, a probation official will act as the community service coordinator. Their job is to link the offender to the positions and verify the hours worked.

4.12.3 Licenses and Attributions for Substantive Law: Community-Based Sentences

“4.12. Substantive Law: Community-Based Sentences” by Sam Arungwa is adapted from “3.11. Substantive Law: Community-Based Sentences” by Lore Rutz-Burri in SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez, licensed under CC BY-NC-SA 4.0. Edited for style, consistency, recency, and brevity; added DEI content.

License

Introduction to the American Criminal Justice System Copyright © by Sam Arungwa. All Rights Reserved.

Share This Book