A clear case of cruel and unusual punishment?

Howard Bashman of How Appealing fame was kind enough to send me this article which reports on a novel sentencing in Wisconsin for a state felony conviction.  According to the article:

The criminal complaint states that Rosenthal had taken money totaling more than $3,000 from labor union accounts prior to leaving the organization’s membership….  While Rosenthal told police financial hardship was an issue, she and her husband managed to maintain the cost of four tickets to the Packers’ three-game season package….

Judge Scott Woldt offered her the decision to either serve [90 days in jail] or donate the 12 tickets for the upcoming season to the Make-A-Wish Foundation.  With the cheapest seats in Lambeau Field costing $54 apiece, the season package is worth at least $648.  The jail time — or the ticket donation — will occur as part of an overall two-year period of probation.

I suspect that true Packers’ fans might consider this sentence an Eighth Amendment violation, though I think the case would be stronger if the defendant also had to donate her cheesehead.  I also wonder if the Packers’ draft experience this weekend might prompt the judge to reconsider this sentence.  Given the recent popularity of shaming sentences, I suppose the defendant should be thankful she was not ordered to wear a Minnesota Vikings jersey for her two-year period of probation.

Okay, that’s enough from me; comments with better gags are highly encouraged (as are serious comments about this novel, and perhaps legally problematic, sentencing).