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Well there is the issue of "cruel and unusual" punishments being unconstitutional. But his seem too whimsical for that. I mean, the "pepper spray" was actually water.

His success is in giving the accused a CHOICE.

Here's jail, and here's something else with less jail time or non - Choose. Parents already do that to their kids, some schools to students. His innovation is in applying it to Law.

Without choice, his method would be considered abuse of power.

These kind of 'sentences' are one step away from making this judge a star of a reality TV show. Punishments that deviate from the norm are not inherently bad, but there needs to be a line between actual sentences and what seem like a Monty Python sketch.

Now, these offenses seem to be of mild nature, but who is to say that a world where equally ludicrous punishments for serious offenses is impossible?

A crucial point here is that his punishments are unusual but not cruel.

There is nothing more cruel than taking away the one resource a person cannot ever recover: time.

Creative, or even corporal (e.g. 20 lashes), punishments are A. more effective, and B. less cruel, than prison time.

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