Cruel and unusual punishment?

[navigator70]

I am not sure if this is where this question belongs, if not, I would like to thank the Mods in advance for moving it to the appropriate forum.

I have a female friend in Alabama that is regularly drug tested as a result of a DUI/DWI. The tests are supervised to ensure the urine sample is genuine and hasn't been tampered with. Often times the supervisor is a male and there is no privacy, instead she is told they have to watch.

Isn't that cruel and unusual punishment?

 

[CdwJava]

It's not "cruel and unusual," but if she is observed naked by a male, then I would think that can be problematic.

Standing outside the stall, okay ... staring as she drops her drawers and pees, not okay.

 

[Silverplum]

I am not sure if this is where this question belongs, if not, I would like to thank the Mods in advance for moving it to the appropriate forum.

I have a female friend in Alabama that is regularly drug tested as a result of a DUI/DWI. The tests are supervised to ensure the urine sample is genuine and hasn't been tampered with. Often times the supervisor is a male and there is no privacy, instead she is told they have to watch.

Isn't that cruel and unusual punishment?

http://www.lectlaw.com/def/c182.htm

 

[navigator70]

It's not "cruel and unusual," but if she is observed naked by a male, then I would think that can be problematic.

Standing outside the stall, okay ... staring as she drops her drawers and pees, not okay.

That is what I first thought too, but there is no stall, just a small bathroom with a toilet and sink. One guy even told her to spread her legs further so he could see the stream hit the cup.

 

[justalayman]

It's not "cruel and unusual," but if she is observed naked by a male, then I would think that can be problematic.

Standing outside the stall, okay ... staring as she drops her drawers and pees, not okay.

Personally, while it isn't the best case scenario, I see nothing wrong with the observation, at least legally.

and I am sure you know why the observation must be so direct Carl.


If I was the OP, I would ask the gal's PO about the situation to see if there is some way to determine when a female would be there to observe. If she approaches it as a true concern of a privacy issue and it being a male rather than arguing cruel or unusual punishment or anything such as her rights, she would likely be received much better. She had the right to not break the law. Once she broke the law, she loses a lot of the rights she once had.

 

[navigator70]

http://www.lectlaw.com/def/c182.htm

Thanks for the link, but as a lay man it seems more directed towards the punishment fitting the crime. I guess it seems to me this is more of the shocking the public morality or crushing ones dignity variety of cruel and unusual punishment.

 

[Silverplum]

Thanks for the link, but as a lay man it seems more directed towards the punishment fitting the crime. I guess it seems to me this is more of the shocking the public morality or crushing ones dignity variety of cruel and unusual punishment.

In law, one can only argue the law.

If you (or anyone else) ran in screeching that this was a matter of "cruel and unusual punishment," you'd make a fool of yourself. Legally speaking.

Just FYI.

(And, as a personal opinion, I don't think this falls under "shocking the public morality" in 2011. IMHO, there is NO "public morality" any dang more.)

 

[navigator70]

If I was the OP, I would ask the gal's PO about the situation to see if there is some way to determine when a female would be there to observe. If she approaches it as a true concern of a privacy issue and it being a male rather than arguing cruel or unusual punishment or anything such as her rights, she would likely be received much better. She had the right to not break the law. Once she broke the law, she loses a lot of the rights she once had.

I totally agree with everything you say and have asked the same question. They use a color code system to dertermine who is drug tested each day and they give you 1 hour to show up. There are exceptions of course where they will give a person up to 12 hours, but for the most part you take the test when they tell you to.

I also acknowledge that when she broke the law she lost alot of her rights, but I find it hard to understand how humiliation and bruising ones dignity is acceptable treatment of even the most heinous criminals.

 

[Silverplum]

I also acknowledge that when she broke the law she lost alot of her rights, but I find it hard to understand how humiliation and bruising ones dignity is acceptable treatment of even the most heinous criminals.

Ah. Interesting.

We disagree.

 

[navigator70]

In law, one can only argue the law.

If you (or anyone else) ran in screeching that this was a matter of "cruel and unusual punishment," you'd make a fool of yourself. Legally speaking.

Just FYI.

Thanks for the sage advice.

(And, as a personal opinion, I don't think this falls under "shocking the public morality" in 2011. IMHO, there is NO "public morality" any dang more.)

Are you of the opinion that public restrooms should all be unisex?

 

[Zigner]

Thanks for the sage advice.



Are you of the opinion that public restrooms should all be unisex?

Happens in Europe

 

[navigator70]

Ah. Interesting.

We disagree.

How does humiliating and demoralising a criminal benefit society?

 

[navigator70]

Happens in Europe

Do men and women urinate in front of eachother, or is there something that provides some privacy?

 

[Proserpina]

Happens in Europe

We call it Euro-peein'

 

[Proserpina]

Do men and women urinate in front of eachother, or is there something that provides some privacy?

Both actually - there are many facilities where there is the usual line of urinals, and stalls.

So, a woman can walk into the facility and see lots of pee-pees before she finds a stall for herself.

She can choose to close the door - or not.

(I realize this does go against the general state of affairs in the US)