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 conclusions. While I understand why Gementera may have found wearing a sandwich board for eight hours to be an unpleasant experience, it is nowhere near as severe as other forms of sentencing such as imprisonment or other more serious criminal penalties. Thus, I believe that it does not constitute cruel and unusual punishment under the Eighth Amendment.