What's cruel about it? It seems akin to community service which is handed down as legal punishment all the time.
Its working in chipotle. Quite possibly the worst fast food place in the states. She should be assigned to work in a prison commissary instead. Much more humane.
AFAIK the punishment isn't working at a Chipotle, it's at a fast food place.
She also had a choice between working and jail, so I doubt "cruel and unusual" would have standing.
The issue would be that it's an unusual punishment. Even the judge said so.
Any punishment that isn't a fine, jail time, or community service is unusual by definition because those are the typical consequences. However, it is written into our laws that a judge may deviate from this norm if they feel it more suitable. So yes, a judge could interpret this as unusual, but I they have the legal freedom to decide it's not.
She was also given a choice so she isn't being forced into the "unusual" punishment. She chose it over conventional punishments.
However, it is written into our laws that a judge may deviate from this norm if they feel it more suitable.
Could you elaborate?
This link does a better job of elaboting than I could. But essentially there are punishments outlined for particular crimes. However, the judge may determine the severity of the outlined punishment on a case by case basis. Also, there are alternative punishments that a judge may use at their discretion, or at the request of the defense.
What's cruel about it? It seems akin to community service which is handed down as legal punishment all the time.
Its working in chipotle. Quite possibly the worst fast food place in the states. She should be assigned to work in a prison commissary instead. Much more humane.
AFAIK the punishment isn't working at a Chipotle, it's at a fast food place.
She also had a choice between working and jail, so I doubt "cruel and unusual" would have standing.
The issue would be that it's an unusual punishment. Even the judge said so.
Any punishment that isn't a fine, jail time, or community service is unusual by definition because those are the typical consequences. However, it is written into our laws that a judge may deviate from this norm if they feel it more suitable. So yes, a judge could interpret this as unusual, but I they have the legal freedom to decide it's not.
She was also given a choice so she isn't being forced into the "unusual" punishment. She chose it over conventional punishments.
Could you elaborate?
This link does a better job of elaboting than I could. But essentially there are punishments outlined for particular crimes. However, the judge may determine the severity of the outlined punishment on a case by case basis. Also, there are alternative punishments that a judge may use at their discretion, or at the request of the defense.
https://www.nolo.com/legal-encyclopedia/criminal-sentencing-faq.html
Here's an article about 7 unusual punishments given by judges.
https://theweek.com/articles/474331/7-ridiculously-bizarre-court-sentences