Qun Mang Posted November 29, 2005 Group: Diamond Member Followers: 1 Topic Count: 116 Topics Per Day: 0.02 Content Count: 678 Content Per Day: 0.09 Reputation: 15 Days Won: 0 Joined: 06/26/2004 Status: Offline Share Posted November 29, 2005 'I stole mail' By James Vicini Mon Nov 28,11:40 AM ET WASHINGTON (Reuters) - The U.S. Supreme Court on Monday allowed a California man to be sentenced to spend a day outside a San Francisco post office wearing a signboard stating, "I stole mail. This is my punishment." The justices rejected an appeal by Shawn Gementera, who argued that this was designed to publicly shame and humiliate him. He said it violated the Sentencing Reform Act and the constitutional ban on cruel and unusual punishment. Gementera pleaded guilty to mail theft after the police arrested him and an accomplice in 2001 for stealing letters from several mailboxes in San Francisco. U.S. District Judge Vaughn Walker in 2003 sentenced Walker to two months in prison, to be followed by three years of supervised release. The conditions for his release required Gementera to spend four days at a post office observing patrons inquire about lost or stolen mail, to write letters of apology to the victims of his crime, to give three lectures at high schools about his crime and to wear the two-sided sign for one eight-hour day. Gementera appealed the legality of the signboard requirement, but a U.S. appeals court panel, by a 2-1 vote, ruled against him in August. The appeals court said the record in the case showed that the judge imposed the condition for the legitimate purpose of rehabilitation. It said the judge could have imposed a lengthier prison term instead of the signboard condition, and added that crimes and the resulting penalties nearly always cause shame and embarrassment. Gementera's attorneys appealed to the Supreme Court. "The shaming condition amounted to nothing more than the piling on of an additional and quite gratuitous requirement -- designed to publicly humiliate (Gementera) -- in contravention of federal law," they said. "Punishments aimed at imposing shame and humiliation are inconsistent with a constitutional requirement that punishments, even for heinous crimes, be consistent with human dignity," they said. U.S. Justice Department attorneys said a sentence may serve a legitimate rehabilitative purpose, even if makes the defendant feel uncomfortable or embarrassed in public. The high court turned down Gementera's appeal without any comment or recorded dissent. Link to comment Share on other sites More sharing options...
Avodah Posted November 29, 2005 Group: Diamond Member Followers: 0 Topic Count: 49 Topics Per Day: 0.01 Content Count: 812 Content Per Day: 0.12 Reputation: 4 Days Won: 0 Joined: 01/01/2005 Status: Offline Birthday: 06/15/1961 Share Posted November 29, 2005 I know if I had to serve his punishment, I would never steal again for fear of being caught and having to be humbled again. Link to comment Share on other sites More sharing options...
nebula Posted November 29, 2005 Group: Royal Member Followers: 10 Topic Count: 5,823 Topics Per Day: 0.76 Content Count: 45,870 Content Per Day: 5.95 Reputation: 1,897 Days Won: 83 Joined: 03/22/2003 Status: Offline Birthday: 11/19/1970 Share Posted November 29, 2005 The guy's a cry-baby. I've heard of parents who caught their kid stealing a candy bar make the kid return it and apologize to the clerk. Public humiliation is most likely the best punishment he could get - less likely to repeat the offense. Link to comment Share on other sites More sharing options...
Bolts Posted November 29, 2005 Group: Diamond Member Followers: 1 Topic Count: 50 Topics Per Day: 0.01 Content Count: 963 Content Per Day: 0.14 Reputation: 4 Days Won: 0 Joined: 10/27/2005 Status: Offline Birthday: 07/10/1963 Share Posted November 29, 2005 Its a good reminder to keep a check on the mailbox, lock the doors and keep the windows sealed ............. Christmas is coming!! Link to comment Share on other sites More sharing options...
PwrInTheBld Posted December 2, 2005 Group: Diamond Member Followers: 0 Topic Count: 40 Topics Per Day: 0.01 Content Count: 473 Content Per Day: 0.07 Reputation: 0 Days Won: 0 Joined: 06/05/2005 Status: Offline Share Posted December 2, 2005 My mailbox needs a key Link to comment Share on other sites More sharing options...
Gerioke Posted December 2, 2005 Group: Royal Member Followers: 3 Topic Count: 97 Topics Per Day: 0.01 Content Count: 5,850 Content Per Day: 0.84 Reputation: 128 Days Won: 0 Joined: 03/19/2005 Status: Offline Birthday: 08/11/1911 Share Posted December 2, 2005 This rings a bell leviicus 13: 44 He is a leprous man, he is unclean: the priest shall pronounce him utterly unclean; his plague is in his head. 45 And the leper in whom the plague is, his clothes shall be rent, and his head bore, and he shall put a covering on his upper lip, and shall cry, Unclean, unclean. Link to comment Share on other sites More sharing options...
Guest shiloh357 Posted December 3, 2005 Share Posted December 3, 2005 This rings a bell leviicus 13: 44 He is a leprous man, he is unclean: the priest shall pronounce him utterly unclean; his plague is in his head. 45 And the leper in whom the plague is, his clothes shall be rent, and his head bore, and he shall put a covering on his upper lip, and shall cry, Unclean, unclean. Not really. For one, this has nothing to do with a person committing a crime. Secondly, they are not standing in a public place declaring their uncleanness, but are sent away and quarantined to a private place outside the camp until healed. If they are approached, they are required to let the one approaching know that they are in danger of coming upon someone with a contagious disease. The purpose was not public humiliation. It was to protect the rest of the people. There is no similarity between public humility for a crime and dealing with a contagious disease. No bells rining here. Link to comment Share on other sites More sharing options...
Bolts Posted December 3, 2005 Group: Diamond Member Followers: 1 Topic Count: 50 Topics Per Day: 0.01 Content Count: 963 Content Per Day: 0.14 Reputation: 4 Days Won: 0 Joined: 10/27/2005 Status: Offline Birthday: 07/10/1963 Share Posted December 3, 2005 Not really. For one, this has nothing to do with a person committing a crime. Secondly, they are not standing in a public place declaring their uncleanness, but are sent away and quarantined to a private place outside the camp until healed. If they are approached, they are required to let the one approaching know that they are in danger of coming upon someone with a contagious disease. The purpose was not public humiliation. It was to protect the rest of the people. There is no similarity between public humility for a crime and dealing with a contagious disease. No bells rining here. Shiloh, ... without having to start a thread on this one, do you think it is true that back in those days, if someone killed someone else, they had to carry the corpse on their back until it decomposed itself off? Link to comment Share on other sites More sharing options...
Gerioke Posted December 3, 2005 Group: Royal Member Followers: 3 Topic Count: 97 Topics Per Day: 0.01 Content Count: 5,850 Content Per Day: 0.84 Reputation: 128 Days Won: 0 Joined: 03/19/2005 Status: Offline Birthday: 08/11/1911 Share Posted December 3, 2005 This rings a bell leviicus 13: 44 He is a leprous man, he is unclean: the priest shall pronounce him utterly unclean; his plague is in his head. 45 And the leper in whom the plague is, his clothes shall be rent, and his head bore, and he shall put a covering on his upper lip, and shall cry, Unclean, unclean. Not really. For one, this has nothing to do with a person committing a crime. Secondly, they are not standing in a public place declaring their uncleanness, but are sent away and quarantined to a private place outside the camp until healed. If they are approached, they are required to let the one approaching know that they are in danger of coming upon someone with a contagious disease. The purpose was not public humiliation. It was to protect the rest of the people. There is no similarity between public humility for a crime and dealing with a contagious disease. No bells rining here. Well it made me think of it. Link to comment Share on other sites More sharing options...
ONE WHO WISHES TO LOVE GOD Posted December 25, 2005 Group: Advanced Member Followers: 1 Topic Count: 8 Topics Per Day: 0.00 Content Count: 191 Content Per Day: 0.03 Reputation: 8 Days Won: 0 Joined: 11/25/2005 Status: Offline Birthday: 09/25/1972 Share Posted December 25, 2005 When i was younger i once got caught with my hand in the cookie jar i was overwelmed by their yumyness still dont feel to guilty about it. ........... Link to comment Share on other sites More sharing options...
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