Our customer support team is here to answer your questions. Ask us anything!
👋 WhatsApp Us Now
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?
In Gementera v. California, the Court addressed Gementera’s argument that the eight-hour sandwich board condition violates the U.S. Constitution’s Eighth Amendment prohibition against “cruel and unusual punishments.” The Court concluded that while Gementera found the sandwich board condition to be physically uncomfortable, it did not constitute a “barbaric punishment” or a form of “torture” as prohibited by the Eighth Amendment. Furthermore, the Court determined that this minor inconvenience imposed for one day was not cruel and unusual punishment when compared to other sentencing conditions such as incarceration in prison or jail.
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.