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The Prudent Jurist

Legal Affairs, March, 2006 by William H. Simon

A COLD NIGHT IN THE WOODS is not exactly Abu Ghraib. Still, this punishment does sound like a modest form of torture, especially since the judge announced his intention to induce "humiliation and embarrassment." The night in the woods won't help the aggrieved kittens, so we can't justify the punishment as a form of restitution (as, for example, when a vandal is ordered to clean up his mess).

It's possible that the judge thought of the sentence as a form of rehabilitation, like ordering a drug offender into treatment. Maybe he thought Ms. Murray would become more sympathetic to the kittens if she experienced their plight herself. But it appears that she does not think kittens have the same kind of feelings that she does, so this approach seems ineffective. That leaves...

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