Türk Ceza İnfaz Hukukunda Birleştirici Ayıplama

Abstract

Labelling theories of the criminology delves into the societal reactions against criminal behaviour and the impact of these reactions to future criminality. The main argument suggested by these theories is that labelled person experiences a transformation in his/her self-concept and begins to associate himself/herself with those labelled in a similar way. Australian criminologist John Braithwaite develops a different perspective in which disintegrative societal reactions are referred as a key to explain the ineffectiveness of criminal justice policy besides future criminality. In Braithwaite’s theory, shaming emerges as a legitimate and effective crime control tool as long as it is in reintegrative nature. The theory of reintegrative shaming may offer a solid justification for many practices regulated by the Turkish penal execution law, which features the social aspects of the execution. This study seeks to reveal the links between reintegrative shaming approach and these practices which affects the execution.…

Key words: labelling theories, social reaction, reintegrative shaming, restorative justice, republican theory of criminal justice, penal execution law…