The Place of Shame in Responses to Anti-Social Behaviour

Abstract Government responses to 'anti-social behaviour' have included, amongst others, two trends that employ shame in pursuit of crime prevention: "naming and shaming" of those subject to anti-social behaviour orders (ASBOs) on one hand and restorative justice on the other. This article considers how the Government has made use of each, the dynamics of each shaming process, and the compatibility of these approaches. It argues that they are mutually exclusive, and that restorative justice should be preferred as a potentially more constructive shaming process. Keywords: ASBO; Restorative Justice; Shaming; Anti-Social Behaviour Introduction Anti-social behaviour' dominates contemporary British political discourse on law and order. The Government's 2003 White Paper Respect and Responsibility: Taking a Stand Against Anti-Social Behaviour stated: As a society, our rights as individuals are based on the sense of responsibility we have towards others and to our families and communities. This means respecting each other's property, respecting the streets and public places we share and respecting our neighbours' right to live free from harassment and distress. It is the foundation of a civic society. Our aim is a "something for something" society where we treat one another with respect and where we all share responsibility for taking a stand against what is unacceptable (Home Office, 2003: Ministerial Foreword). The Government's focus on anti-social behaviour is laudable as part of a broader aim to create a "decent, civil society in which people can shape their own lives and participate fully in their local community. " (Home Office, 2003: Ministerial Foreword). The Government's overriding priority, announced in the 2002 Justice for All White Paper, is to rebalance criminal justice in favour of victims and communities (Home Office, 2002). The centrality of the community and victims in the Government's policy priorities was reflected in the Respect and Responsibility White Paper's emphasis on community involvement in preventing, and responding to, such behaviour: Anti-social behaviour is a problem experienced at local level and therefore requires effective action locally. This includes individuals, families, residents' associations, community groups and also the public services. It is vital that the right people have the power, the authority and the support to tackle anti-social behaviour" (Home Office, 2003 p51). Two Government strategies in responding to "anti-social behaviour" appear similar in employing "shame" as a guiding concept. The first, "naming and shaming" of individuals subject to anti-social behaviour orders (ASBOs), focuses on drawing community attention to the identity of offenders ostensibly to inform and reassure the community as well as deter offenders. The second, restorative justice, seeks to confront offenders with the harm caused by their offences, encouraging or requiring them to repair that harm either to victims or the wider community. This article explores the similarities and differences between these two strategies. First, I consider ways in which the Government is employing them. Second, I highlight their common heritage, both being rooted in a form of expressive justice: both involve shaming processes. Third, I evaluate the possible effects of each process. Finally, I analyse the implications of pursuing both strategies simultaneously. The Government's Uses of Shame in Responses to Anti-Social Behaviour Publicising ASBOs: Using "Naming And Shaming" A civil order, an ASBO prohibits a specified person (aged 10 or over) from doing anything described in it (s. 1(4) Crime and Disorder Act 1998). ASBOs have effect for not less than 2 years (s. 1(7)) and breach of an ASBO is an offence punishable with up to 5 years imprisonment if tried on indictment, six months if tried summarily. They can be applied for by local authorities, police forces (including the British Transport Police), registered social landlords and housing action trusts, but not by members of the public. …