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See attached reading https://drive.google.com/file/d/1nl7ShuYFhMAWMlvGqRXHhn2sFU4ne17D/view?usp=drivesdk SHAME AS PUNISHMENT 1) According to the article, what are the uncontroverted elements to a shaming punishment? 2) According to the
See attached reading https://drive.google.com/file/d/1nl7ShuYFhMAWMlvGqRXHhn2sFU4ne17D/view?usp=drivesdk SHAME AS PUNISHMENT 1) According to the article, what are the "uncontroverted" elements to a "shaming punishment"? 2) According to the author, the scholarship and literature on shaming as punishment fails to address what 3 matters? 3) The author argues that shaming punishment conflicts with juvenile justice in several ways. List them. 4) Using the internet, define the term "Parens Patriae". 5) In part II A of the article the author explains the origins of the juvenile justice system. According to the author, what state is credited with creating the first Juvenile Court Act? What were the goals of this system? 6) What are the 4 ways the foundations of the juvenile system distinguishable from the traditional adult system? 7) According to the author, what are the 3 traditional "moorings" of the juvenile system? 8) According to the article, what 2 entities moved the juvenile system away from these 3 moorings? 9) Sum up the significance of Kent v United States, in the context of the development of the juvenile system. 10) Explain the effect of In re Gault on the continued evolution of the juvenile system. Did the Gault case move the system in the same direction, or a different direction as the Kent case? Explain your answer. 11) What was the holding of In re Winship? What did this case do in relation to the burden of proof in juvenile proceedings? According to the author, did this case make the juveniles equivalent to adults in criminal proceedings? 12) What was the holding of McKeiver v Pennsylvania? 13) What is the JJDPA and what were its objectives? 14) According to the author, what are the 3 ways the juvenile systems have responded to Congress' and SCOTUS' interventions? 15) According to the author, commentators argue that "procedural formality" has had a significant effect on juvenile systems. What effect has procedural formality had? 16) In part III of the article, the author writes about a theory of anthropologist Toni Massaro. What does Massaro say about shaming punishments and its possible deterrent effect, specifically in the United States? 17) The author also writes about conclusions of John Braithwaite. According to the article, what does Braithwaite say about shaming punishment? Does Braithwaite agree or disagree with Massaro? Explain your answer. 18) On page 124 of the article, the author discusses the MEB case. What was the juvenile convicted of and what was her punishment? What was the appellate court's ruling in her appeal? 19) What are the facts of the Gementera case? What are the author's conclusions regarding this case? 20) According to the article, what did Justice Rehnquist say was one of the hallmarks of a juvenile system in the case Smith v Daily Mail Publishing Co.? 21) In part IV of the article (pg 139), the author lists drawbacks from banning shaming punishments. What are they? 22) The article discusses shaming punishments that result from plea bargains. List 3 reasons why the author feels that shaming punishments though plea bargains may be effective? 23) The author also acknowledges that plea bargains also have their flaws in this situation. What are some of the reasons that shaming punishments may still be ineffective even though a plea bargain
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