Public humiliation is not cruel, unusual punishment

November 28, 2005 @ Michael Hampton7 Comments

What do you think of this? Shawn Gementera pleaded guilty to mail theft in 2001 after stealing mail out of people’s mailboxes in San Francisco, Calif., and was sentenced to, among other things, wear a sign in public which reads, “I stole mail.” The Supreme Court declined to hear his appeal.

In 2003, Gementera was sentenced by a district judge to two months in jail, to be followed by three years of supervised release.

The release conditions stated that Gementera must spend four days at a post office observing staff dealing with inquiries about lost or stolen mail, write letters of apology to the victims of his crime and give three lectures about his crime at schools.

The judge also ordered him to wear a signboard reading “I stole mail — this is my punishment” for a full eight-hour working day.

Gementera appealed about the latter requirement, but a US appeals court panel ruled against him earlier this year.

The court said in August that the record in Gementera’s case showed the judge imposed the condition for the purpose of rehabilitation.

“Punishments aimed at imposing shame and humiliation are inconsistent with a constitutional requirement that punishments, even for heinous crimes, be consistent with human dignity,” Gementera’s lawyers were quoted by Reuters news agency when appealing to the Supreme Court. — BBC News

The Supreme Court turned down his appeal without comment.

I’m interested in your opinions. Should Gementera have been required to wear a sign saying he stole mail? Is this sort of punishment appropriate at all? Does it achieve the intended effect of rehabilitation? Or is it simply public humiliation without purpose?

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7 Comments → “Public humiliation is not cruel, unusual punishment”


  1. Fatboy

    Nov 28, 2005

    Should Gementera have been required to wear a sign saying he stole mail?

    Sure, why not?

    Is this sort of punishment appropriate at all?

    Not really. It’s *WAY* to lenient.

    Does it achieve the intended effect of rehabilitation?

    No, but it does give some punishment. To rehabilitate someone would require mind control or brain washing. Good luck trying either on sociopaths.

    The best we can do is make the potential punishment outweigh the benefit of committing criminal acts.

    Or is it simply public humiliation without purpose?

    No, it is punishment.

    Reply

  2. Firas

    Nov 29, 2005

    People are crazy. I bet if the judge had his way the guy would be burnt at the stake, or drawn and quartered.

    Reply

  3. splot

    Nov 29, 2005

    You know from my previous replies what I think: most methods of punishment don’t work, I think a social stigma will work along with other methods to deter crime.

    Reply

  4. runner1212

    Nov 30, 2005

    I think they should have dipped him in brown gravy and feathered him

    Reply

  5. Mark J

    Dec 04, 2005

    Unusual, but not cruel. Burning at the stake, now that would be cruel.

    Reply

  6. Anonymous

    Oct 10, 2006

    i think public humiliaton is a good thing so yeah

    Reply

  7. Shawn-Earnest

    Mar 01, 2010

    It all depends.

    Reply

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