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April 25, 2005

A clear case of cruel and unusual punishment?

Howard Bashman of How Appealing fame was kind enough to send me this article which reports on a novel sentencing in Wisconsin for a state felony conviction.  According to the article:

The criminal complaint states that Rosenthal had taken money totaling more than $3,000 from labor union accounts prior to leaving the organization's membership....  While Rosenthal told police financial hardship was an issue, she and her husband managed to maintain the cost of four tickets to the Packers' three-game season package....

Judge Scott Woldt offered her the decision to either serve [90 days in jail] or donate the 12 tickets for the upcoming season to the Make-A-Wish Foundation.  With the cheapest seats in Lambeau Field costing $54 apiece, the season package is worth at least $648.  The jail time — or the ticket donation — will occur as part of an overall two-year period of probation.

I suspect that true Packers' fans might consider this sentence an Eighth Amendment violation, though I think the case would be stronger if the defendant also had to donate her cheesehead.  I also wonder if the Packers' draft experience this weekend might prompt the judge to reconsider this sentence.  Given the recent popularity of shaming sentences, I suppose the defendant should be thankful she was not ordered to wear a Minnesota Vikings jersey for her two-year period of probation.

Okay, that's enough from me; comments with better gags are highly encouraged (as are serious comments about this novel, and perhaps legally problematic, sentencing).

April 25, 2005 at 06:12 PM | Permalink

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Posted by: | Oct 14, 2008 9:47:01 AM

I need help with finding case law for a State Habeas Corpus (California) I do not have money for an attorney and I am doing my sons writ he received 2 consecutive sentences of 50 yrs to life after being convicted of 2 counts of first degree attempted murder there was a shooting into an occupied car and he was accused, there was no gun, no fingerprints nothing physical linking him to the crime. My deadline is for Monday 3-16-2009 and need help desperatly. Please can you give me a hand, and yes there are other issues that I am addressing butI want this one in there as well since it is so hard to get them granted I figure I wouldput everything that I could in there.
I am a mother no legal knowledge at all

Posted by: Blanc | Mar 10, 2009 1:39:01 AM

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