Advancing(?) the shame debate

Dan Markel here has the third installment of a on-going discussion of shaming sanctions (background here and here), although Dan’s latest entry appears to be portions of a draft article on the topic.  Though I like all the theory talk about shaming, I would also like to use today’s sentencing of Lynne Stewart (details here and here) to make the debate a bit more concrete.

I am moved to get out of the ivory tower by this great post at Corrections Sentencing, which argues for bringing more reality to all this talk about shaming.  And Stewart’s crime and sentencing present a great teaching moment.  Specifically, what would the sentencing recommendations in the Stewart case have looked like if shaming sanctions, and not just imprisonment, were a serious part of our punishment palette?   I doubt the government would have asked for 30 years and perhaps the defense might not have asked only for probation.