Guest Post by Morbo
I’m not a huge fan of “creative sentencing.” To me, a judge can do one of three things with a guilty party: Send him to jail, fine him or impose community service.
Some judges would rather devise their own unorthodox punishments. In Painesville, Ohio, recently, Municipal Judge Michael Cicconetti sentenced Michelle Murray, 26, to spend a night in a public park with no food, lights or shelter as punishment for abandoning 35 kittens in two parks. Nine later died.
I happen to like cats a lot, and I deplore what Murray did — but this is still a dumb sentence. The judge seemed to realize that. Murray had been outside about four hours when Cicconetti allowed her to return to jail. The temperature has dipped into the 20s, and Cicconetti said he was worried about Murray’s health.
Murray is not getting off the hook. She must serve 29 days under house arrest, has been sentenced to three years of probation and must pay $3,200 in restitution to the Lake County Humane Society and $500 to Lake Metroparks, reported the Chillicothe Gazette.
The Constitution bans “cruel and unusual punishment.” Sentencing someone to sleep outside on a frigid night is both — even if that person has done something mean and heartless. Goofy sentences like this also run the risk of backfiring. What if Murray had gotten frostbite? She could have ended up suing the county and might have had a half-decent case.
Want creativity in your judging? Look for it in lawful ways. Cicconetti might have fined Murray, put her on probation and sentenced her to work 1,000 volunteer hours with an animal shelter that rescues homeless pets. That experience would have taught her more about the pain and suffering of abandoned animals than spending a night outside.