How the Court addresses Gementera’s argument

            Discuss how the Court addresses Gementera’s argument that the eight-hour sandwich board condition violates the U.S. Constitution’s Eighth Amendment prohibition against “cruel and unusual punishments.” Do you agree with the Court’s conclusions? Why or why not?
I agree with the Court’s conclusion in this case as I believe imposing an eight-hour period of public humiliation does not meet either criteria necessary for determining cruel and unusual punishment: i) suffering inflicted exceeds minimal necessary pain in violation of human dignity; or ii) must be disproportionate to crime committed & cannot serve any legitimate penological goals beyond retribution & deterrence which are both permissible aims of criminal justice system. Therefore I believe this ruling sets important precedent on what can & cannot constitute cruel & unusual punishment so similar sanctions do not become overly abusive while still providing adequate deterrent effects going forward – thus maintaining public safety interests of all citizens involved

Sample Solution

In Gementera v. Raley, the United States Supreme Court addressed an argument by the plaintiff that an eight-hour sandwich board condition violated the U.S. Constitution’s Eighth Amendment prohibition against “cruel and unusual punishments.” The court looked to two questions: first, whether a punishment is “inhuman or degrading”; and second, whether it is too severe for its purpose. The court found that although the eight-hour sandwich board condition was objectively humiliating - as evidenced by police officers' reactions when they encountered Gementera wearing it - there was no evidence to suggest that this particular sanction constituted cruel and unusual punishment. The court reasoned that while such humiliation could be considered objectionable from a subjective perspective, it did not rise to the level of unconstitutional punishment because other sanctions imposed upon convicted misdemeanants had similarly embarrassing objectives and consequences without causing any constitutional issues (such as community service). Furthermore, the Court held that despite its intended effect of shaming Gementera into compliance with probation conditions in order to avoid future criminal activity, this consequence was still within reasonable limits set by law due to its limited duration and potential effectiveness at preventing recidivism.