• Bradley Ray, Cindy Brooks Dollar, and Kelly M Thames.
• North Carolina State University, Department of Sociology and Anthropology, 344 1911 Building, Campus Box 8107, Raleigh, NC 27695-8107, United States. brray@gw.ncsu.edu
• Int J Law Psychiatry. 2011 Jan 1; 34 (1): 49-55.

AbstractThis study compares the use of stigmatizing and reintegrative shame - as specified in Braithwaite's Crime, shame and reintegration (1989) - across traditional criminal court and mental health court settings. Items from the Global Observational Ratings Instrument were used to gather data on 87 traditional court cases and 91 mental health court cases, presided over by five different judges. The observational items capture three constructs: respect, disapproval, and forgiveness, as they apply to Braithwaite's theory. We present means tests to examine differences in shaming between court types and judges. Findings show that the mental health court is more likely to use reintegrative shaming and show respect and forgiveness for offenders, and less likely to show disapproval. Similarly, judges who preside in both court types are significantly more likely to practice reintegrative shaming in the mental health court context. We further explore these findings using field notes and illustrate those components of a mental health court that are conducive to reintegrative shaming.Copyright © 2010 Elsevier Ltd. All rights reserved.

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