Who chatter and bleat and bore
Are sent to hear sermons
From mystical Germans
Who preach from ten till four."
The Constitution, though, does seem to be an insuperable barrier to the exercise of judicial imagination. Pity.
On 1/17/06, Paul Finkelman <[EMAIL PROTECTED]> wrote:
Let the punishment fit the crime?
Volokh, Eugene wrote:
> Constitutional? (I assume the sentence was for a racially
> motivated threat or perhaps racially motivated fighting words, and not
> literally for [in part] "using racial slurs.")
>
> Eugene
>
>
> http://www.local6.com/news/6142521/detail.html
>
> A judge has sentenced a suburban Cincinnati man to attend services for
> six weeks at a black church for threatening to punch a black cab driver
> and using racial slurs.
>
> Judge William Mallory Jr. . . . let Haines choose between attending the
> black church for six Sundays or spending 30 days in jail. Haines said
> he'd try the church, although he doesn't usually worship on Sunday.
>
> Mallory offered Haines the choice Friday after Haines was convicted of
> disorderly conduct. He was arrested in November after threatening cab
> driver David Wilson and Wilson's wife.
>
> Mallory said he was concerned about maintaining the separation between
> church and state, so the judge asked Haines whether the option would
> offend him.
>
> Haines said he would like to try it.
>
> The cab driver said he wished Haines had been jailed instead because, in
> his words, "Church don't change everybody."
> _______________________________________________
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--
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East 4th Place
Tulsa, Oklahoma 74104-2499
918-631-3706 (office)
918-631-2194 (fax)
[EMAIL PROTECTED]
_______________________________________________
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--
Vance R. Koven
Boston, MA USA
[EMAIL PROTECTED]
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