<i>thinks humiliation is part of the justice system. He noted in an
interview Wednesday that ³there¹s a reason that trials are in public.²</i>

There¹s the flaw in this instructor¹s thinking, right there. He thinks
public trials are a point of humiliation, presumably because he views those
on trial as necessarily guilty. Maybe he doesn¹t realize that trials are to
determine guilt, the purpose of due process and all that. Maybe he doesn¹t
realize that public trials are to ensure that the evidence presented against
a person can stand the light of public revelation and to increase the
chances that all relevant evidence is brought to bear. Secret trials are
used by regimes fearful that their evidence is insufficient and to present
only the evidence favorable to their case.

After guilt is determined by due process, then the punishment can be
specified. Seems to me that humiliation as a punishment has a long history
and might be a good way to go for cheaters.

I have to admit there is an attraction to the concept of a Œshame list¹,
similar to Dean¹s List, on which the names of students who 1) were caught in
cheating behavior or 2) have gone on probation status. I think Dean¹s List
is considered not to be a violation of FERPA because the specifics of a
student¹s reason for attaining the status (what grades in which classes) is
not revealed, only that their overall performance was noteworthy. In a
similar vein, I can imagine a published list of students caught by due
process in cheating behaviors without mentioning the specific classes.

One of my main problems with this instructor¹s behavior is that he acted
without going through the established procedures of the institution. He may
have a fair complaint that the institution slaps students on the hand and
this may be his way to bringing the whole system to light. But, it seems
he¹s done it in a clumsy fashion that won¹t solve the problem he¹s concerned
about. 

-- 
Paul Bernhardt
Frostburg State University
Frostburg, MD, USA



On 11/13/08 9:18 AM, "Christopher D. Green" <[EMAIL PROTECTED]> wrote:
> 
> Jackass or Justiciar? Comments?
> http://www.insidehighered.com/news/2008/11/13/tamiu
> 
> Chris


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