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Woman who threw bowl of food at Chipotle worker sentenced to work 2 months in fast food job (www.cnn.com)

submitted 11 months ago by TheGalacticVoid@lemm.ee to c/nottheonion@lemmy.world

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[–] BarrierWithAshes@kbin.social 2 points 11 months ago (3 children)

I think this fits the bill of cruel and unusual punishment.

[–] IanSomnia@lemmy.world 4 points 11 months ago (2 children)

What's cruel about it? It seems akin to community service which is handed down as legal punishment all the time.

[–] BarrierWithAshes@kbin.social 1 points 11 months ago (1 children)

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.

[–] TheGalacticVoid@lemm.ee 1 points 11 months ago

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.

[–] charonn0@startrek.website 1 points 11 months ago (1 children)

The issue would be that it's an unusual punishment. Even the judge said so.

[–] IanSomnia@lemmy.world 1 points 11 months ago* (last edited 11 months ago) (1 children)

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.

[–] charonn0@startrek.website 1 points 11 months ago (1 children)

However, it is written into our laws that a judge may deviate from this norm if they feel it more suitable.

Could you elaborate?

[–] IanSomnia@lemmy.world 1 points 11 months ago

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

[–] NoIWontPickaName@kbin.social 2 points 11 months ago* (last edited 11 months ago) (1 children)

Unusual? Yes. Cruel? No. Educational? Also yes.

[–] BarrierWithAshes@kbin.social -1 points 11 months ago

Cruel, absolutely yes. A better punishment would be working a prison commissary.

[–] AnonWyo@startrek.website 2 points 11 months ago (1 children)

I caught your tongue in cheek-ness.

[–] BarrierWithAshes@kbin.social 1 points 11 months ago

Thanks. I'm glad someone here was able to read into this.