More Creative Sentencing Nonsense

I’m seeing more and more of this kind of story, where some judge takes it upon himself to issue a creative sentence.

A judge on Thursday ordered a Salvation Army worker who stole a holiday kettle containing about $250 to spend the night homeless.

Nathen Smith, 28, was to spend the night anywhere but a house, said Municipal Judge Michael Cicconetti. Smith was fitted with a GPS device to track his moves.

Once again, we have a case in which an adult is being treated like a child. We want this guy-this Nathen Smith, to “understand” the plight of the homeless. Maybe, if he has sympathy for homeless people, he won’t steal from them in the future. Is that the logic here?

“My initial reaction was, ‘Wow.’ But I don’t think the sentence is too harsh,” said Smith, who expected to spend Thursday night in a homeless shelter. “I can see the judge’s point because what I did, I shouldn’t have done. Now I’ve got to pay the consequences.”

Of course the sentence isn’t “too harsh”. This guy is getting a break and, right there is the problem. He doesn’t see it that way-he sees it as harsh. Fact is, he has the option of spending the night in a shelter as opposed to jail.

Smith, who also received a three-day jail sentence, pleaded guilty to a misdemeanor charge of theft.

Smith worked as a bell ringer for the Salvation Army outside a Kmart store in nearby Eastlake on Dec. 17. Police arrested him at his mother’s house after a co-worker reported that one of eight kettles was missing.

At least he will serve some time in jail, allegedly. But, here’s the thing; There is no need for “creative sentencing” here. The lesson this guy needs to learn isn’t that he shouldn’t take away from the homeless, the lesson is-don’t steal, period. Don’t steal stuff. How do you get that lesson across? Throw the guy in jail. Steal stuff-go to jail. Doesn’t matter if you steal from homeless or Paris Hilton; it’s stealing.

It gets worse.

Smith was scheduled to return to court Friday to determine how much community service he must do to avoid paying a fine and costs for the tracking system.

Don’t fine a guy that stole $250. He probably doesn’t have the money to pay the fine. Instead, throw him in jail, Municipal Judge Michael Cicconetti. Don’t put him in an orange jumpsuit to pick up trash, hire a garbage man. And, don’t spend money on a GPS; if he’s in jail it should be easy to track his movement.