Consider the current sexual harassment scandal that has brought down Salt Lake City Police Chief Chris Burbank. And, consider the Eighth Amendment, which says, "Excessive bail shall not be required, no excessive fines imposed, nor cruel and unusual punishments inflicted."
The punishment should fit the crime, not exceed it.
The punishment should fit the crime, not exceed it.
Bless the women harmed when Deputy Chief Rick Findlay reportedly stole and shared their pictures, reportedly showing two of them bikini-clad, and another naked. Was this a situation where they could not have been expected to work in an environment where he remained? I do not know. Perhaps we would have to study the case more to know. But, off top, I do wonder if they could have worked it out and continued to work together.
I do say, though, I very much question whether a large amount of money should be fined Findlay through the lawsuit. I say this because the Constitution says "no excessive fines" shall be imposed. We would have to study what trauma resulted to the women, to know how much to pay them. We would have to ask questions such as, Who did Findlay show the pictures to? What were their reactions? Had the women, themselves, showed the pictures to anyone? Who? If the women took the pictures to begin with, how had they planned to use them? Had they not planned on anyone seeing them? How is it that those they would select differed from those who ended up seeing the pictures?
There might well be very good answers to those questions, but they should be asked, the same.
Other questions? How did Findlay come across the pictures? Had the women told him about them? Oh, there are many, many other questions that would need to be asked, and I cannot list them all here.
I do say, though, I very much question whether a large amount of money should be fined Findlay through the lawsuit. I say this because the Constitution says "no excessive fines" shall be imposed. We would have to study what trauma resulted to the women, to know how much to pay them. We would have to ask questions such as, Who did Findlay show the pictures to? What were their reactions? Had the women, themselves, showed the pictures to anyone? Who? If the women took the pictures to begin with, how had they planned to use them? Had they not planned on anyone seeing them? How is it that those they would select differed from those who ended up seeing the pictures?
There might well be very good answers to those questions, but they should be asked, the same.
Other questions? How did Findlay come across the pictures? Had the women told him about them? Oh, there are many, many other questions that would need to be asked, and I cannot list them all here.
All this would help us determine whether the punishment of Findlay was fair in order to consider whether the punishment to Chief Burbank was fair. Off top, it seems, to me, a cruel thing that he ended up losing his job. I realize the punishment Burbank received did not come from a court. Still, I do wonder if it, too, falls under the Eighth Amendment, as it says there shall not be cruel punishments.
The women demand justice. They demand retribution. That is fair. But, we must be careful our wrath against Rick Findlay is not carried too far, for we have a mandate from the Constitution suggesting that the retribution not be out of measure with the offenses he committed.
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