by Jennifer Dickquist, Staff Writer
While receiving the typical
punishments of a $250 fine and 30-day driver's license suspension, the woman
also has to stand on the corner where she went off-roading and hold a sign that
says “Only an idiot drives on the sidewalk to avoid a school bus” for two days.
Recently a woman in Ohio was caught, first on videotape and
then by a police officer, avoiding a school bus' stop sign by driving onto the
sidewalk.[1]
She did not want to wait the extra minute for school children to safely get off
the bus before continuing on her way.
Last month a Cleveland-area
judge handed down her punishment.
This is not
the first time a judge has handed down a public shaming punishment.
In April, a Texas judge forced a
drunk driver to stand at the scene of his accident for a series of Saturdays
admitting his guilt.[2]
Judge Peter Miller, of Putnam County West Virginia, has handed down over 600 of
these “public shaming” punishments including having individuals stand outside
the local Walmart with “I steal” signs.[3]
In Judge Miller's courtroom, individuals are given the option of a 30-60 day
jail sentence or public humiliation along with probation and a fine. In Ohio,
teens had to stand on the street corner with a pig and a sign that said “This
is not a police officer” after calling the local police officers “pigs.”[4]
Public
shaming is not a new form of punishment, but it has been reinvented for the
modern age. In colonial times, individuals
were placed in stocks in the center of town for varying lengths of time
depending on the punishment.[5]
No one wants the entire world to
know what he or she did wrong. Teenagers particularly spend a great deal of
their lives attempting to avoid high school humiliation, and these types of
punishments put them on display for their entire town.
It has not been determined
whether public shaming punishments are a better deterrence to crime than jail
time, fines, or probation. However, it may be a better deterrence for
individuals who see the person holding the sign. No one wants to be that
person.
Some ask if
these punishments are illegal.
Under the United States
Constitution, punishment is illegal if it is “cruel and unusual.”[6]
Throughout our nation, the death
penalty is employed to punish those who kill. Therefore, forcing an individual
to hold a sign for a few hours or a couple of days does not amount to any
“cruel” punishment.
This sign holding is typically
only used in small misdemeanor crimes and would appear to be an softer
punishment than going to jail. This punishment may be seen as an “unusual” one,
but it does not seem as though it would rise to the level of
unconstitutionality.
However, none of the individuals
who received these punishments have challenged their validity. This could be
because they know they will lose, or because they have accepted their fate for
breaking the law.
Either way, this type of
punishment is on the rise, and may help deter future infractions. Be on the
lookout for a public shaming near you.
[1] http://ca.news.yahoo.com/blogs/daily-buzz/sidewalk-driving-woman-ordered-wear-idiot-sign-punishment-145629195.html
[2] http://now.msn.com/judge-sentences-drunken-driver-to-public-humiliation
[3] http://lawvibe.com/get-caught-stealing-and-face-public-humiliation/
[4] http://lawvibe.com/get-caught-stealing-and-face-public-humiliation/
[5] http://www.history.org/foundation/journal/spring03/branks.cfm
[6] http://www.archives.gov/exhibits/charters/constitution.html
