Sentenced To Advertise
Thief challenges dose of shame as punishment
A mail thief who was sentenced to wear a large sign publicizing his crime will appeal in a case that could have broad implications for so-called shaming punishments.
Shawn Gementera's appeal is due to be filed by Monday, his lawyer says. If the case is accepted by the San Francisco-based 9th U.S. Circuit Court of Appeals, it probably will mark the first time that a full federal appeals court has scrutinized sentences that require convicted criminals to make themselves look foolish in ways befitting the crime.
For instance, one California purse snatcher known for his stealth was ordered in 1976 to wear noisy tap shoes in public. A state rather than a federal court reviewed that case and upheld the punishment.
In Gementera's case, a federal judge in March 2003 ordered him to stand for eight hours outside a San Francisco post office wearing a two-sided "sandwich board" bearing the words: "I stole mail. This is my punishment."
His lawyer says judges are overstepping their bounds by adding public humiliation to a criminal sentence.
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Gementera's lawyer is arguing that the sentence constitutes cruel and unusual punishment, which is forbidden under the U.S. Constitution (though ignored by the current Justice Department). Cruel and unusual compared to what? The tender lovin' he could look forward to in prison?
The article notes a number of other states that have imposed shame-based sentences:
In Maryland, Texas, Georgia and California, shoplifters have been required to stand outside stores with signs announcing their crimes.
In Escambia County, Fla., and in Ohio, drunken drivers are issued special license plates that identify them to fellow motorists.
In Houston and Corpus Christi, Texas, convicted sex offenders have been ordered to place signs on their front lawns that warn away children.
In Pennsylvania last year, the driver of a car that caused a fatal accident was forced to carry a picture of the victim.
I still think being forced to wear noisy tap shoes is the best.
It's worth noting that the judge in this case is Vaughn Walker, who presided over the Oracle anti-trust trial. The week I spent in his courtroom covering that case left me quite impressed. That he'd sentence someone to advertise his guilt on sandwich boards only raises him in my esteem.
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