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If This Doesn't Violate the Eighth Amendment, We Don't Know What Does

A friend of Paris Hilton, who saw the hotel heiress during her all-too-brief house arrest, had this to say about how Hilton was treated in jail:

“It’s so cruel what has happened to her. She wasn’t allowed to wax or use a moisturiser. Her skin is so dry right now.”

Judge Michael Sauer: Have you no sense of [evolving standards of] decency?

Paris banged up ... again [The Sun - UK]
Roper v. Simmons [Legal Information Institute / Cornell Law School]
U.S. Constitution: Eighth Amendment [FindLaw]

Paris Hilton bird in cage caged bird anal herpes Abovethelaw Above the Law blog.jpg

Comments
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1 Posted by guest | Permalink Saturday, June 9, 2007 2:16 PM

Of all people, Elisabeth Hasselbeck said it best when she said that there should be no double-standard for rich hot people.

Regardless of how unfair the original sentence might appear to be, the idea that the county sheriff can unilaterally let her out without justification is frightening.

If she was a poor 26-year old LA resident with severe psychiatric issues, would the sheriff step in and whisk her home? If she was so sick, why wasn't she taken to a hospital?

I read there is a $100 DAILY fee for home electronic confinement as well. Yeah, that's fair.

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2 Posted by guest | Permalink Saturday, June 9, 2007 2:40 PM

if she was a poor 26 year old LA resident then she couldn't afford to make a nice fat donation to the sheriff's election campaign fund.

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3 Posted by Dennis Tuchler | Permalink Saturday, June 9, 2007 4:30 PM

As I understand it from watching talking heads on tv last night, an ordinary "poor 26 year old LA resident" would have received far less jail time than is the case with Ms. Hilton

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4 Posted by paris fan | Permalink Saturday, June 9, 2007 9:57 PM

This is really unfair. The only reason so much venom has been generated on blogs is because there is so much jealousy of Paris. People can't stand it that she has so much more fame, money, beauty, and class than they do. Come on folks, isn't that the real reason you hate her?

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5 Posted by guest | Permalink Saturday, June 9, 2007 10:03 PM

9:57, perhaps class wasn't the right word.

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6 Posted by guest | Permalink Saturday, June 9, 2007 10:23 PM

I'm thinking this will actually do Ms. Hilton some good in the long run. Spoiled brats need to be taught a lesson every now and then!

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7 Posted by guest | Permalink Saturday, June 9, 2007 11:48 PM

Oh 9:57, you silly-billy.

This is Schadenfreude, and it feels soooooo good.

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8 Posted by tom | Permalink Sunday, June 10, 2007 12:57 AM

"Fame, money, beauty, class?"
Keep drinking your kool-aid, paris fan...and don't forget to keep taking your meds, because you are seriously psychotic if you belief this woman possesses the last two attributes.

As for those who are so sure that she is not getting special treatment, give me a break...she has flagrantly disregarded directives from the court for months...if she didn't have the fancy lawyers, the judge would have tossed her in the clink before. And you can be sure that poor women prisoners with worse psychiatric and physical problems than her are not being pampered like she is now.

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9 Posted by guest | Permalink Sunday, June 10, 2007 1:19 AM

mmmm kool-aid

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10 Posted by guest | Permalink Sunday, June 10, 2007 4:16 AM

Sorry, 12:57, you know nothing about probation and what judges do. Probationers are given second, third, fourth, fifth chances all the time by judges. It all depends on the judge.

She clearly was dealt with more harshly than the average defendant. ALL misdemeanor nonviolent first offenders - as she is - are released in LA County after serving one tenth of their sentences. All, that is, except Ms. Hilton.

I find the judge's conduct troubling. Fuck the draft.

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11 Posted by guest | Permalink Sunday, June 10, 2007 8:48 AM

4:16: There were multiple probation violations.

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12 Posted by guest | Permalink Sunday, June 10, 2007 10:20 AM

GARY COLEMAN:
Right now you are down and out and feeling really crappy

NICKY:
I'll say.

GARY COLEMAN:
And when I see how sad you are
It sort of makes me...
Happy!

NICKY:
Happy?!

GARY COLEMAN:
Sorry, Nicky, human nature-
Nothing I can do!
It's...
Schadenfreude!
Making me feel glad that I'm not you.

NICKY:
Well that's not very nice, Gary!

GARY COLEMAN:
I didn't say it was nice! But everybody does it!

D'ja ever clap when a waitress falls and drops a tray of glasses?

NICKY:
Yeah...

GARY COLEMAN:
And ain't it fun to watch figure skaters falling on their asses?

NICKY:
Sure!

GARY COLEMAN:
And don'tcha feel all warm and cozy,
Watching people out in the rain!

NICKY:
You bet!

GARY COLEMAN:
That's...

GARY AND NICKY:
Schadenfreude!

GARY COLEMAN:
People taking pleasure in your pain!

NICKY:
Oh, Schadenfreude, huh?
What's that, some kinda Nazi word?

GARY COLEMAN:
Yup! It's German for "happiness at the misfortune of others!"

NICKY:
"Happiness at the misfortune of others." That is German!

Watching a vegetarian being told she just ate chicken

GARY COLEMAN:
Or watching a frat boy realize just what he put his dick in!

NICKY:
Being on the elevator when somebody shouts "Hold the door!"

GARY AND NICKY:
"No!!!"
Schadenfreude!

GARY COLEMAN:
"Fuck you lady, that's what stairs are for!"

NICKY:
Ooh, how about...
Straight-A students getting Bs?

GARY COLEMAN:
Exes getting STDs!

NICKY:
Waking doormen from their naps!

GARY COLEMAN:
Watching tourists reading maps!

NICKY:
Football players getting tackled!

GARY COLEMAN:
CEOs getting shackled!

NICKY:
Watching actors never reach

GARY AND NICKY:
The ending of their oscar speech!
Schadenfreude!
Schadenfreude!
Schadenfreude!
Schadenfreude!

GARY COLEMAN:
The world needs people like you and me who've been knocked around by fate.
'Cause when people see us, they don't want to be us, and that makes them feel great.

NICKY:
Sure!
We provide a vital service to society!

GARY AND NICKY:
You and me!
Schadenfreude!
Making the world a better place...
Making the world a better place...
Making the world a better place...
To be!

GARY COLEMAN:
S-C-H-A-D-E-N-F-R-E-U-D-E!

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13 Posted by guest | Permalink Sunday, June 10, 2007 2:50 PM

I hope she gets beaten up in prison. I shouldn't, but I do. DUI isn't punished nearly harshly enough anyway, and Paris is the sort of person who deserves this the most.

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15 Posted by guest | Permalink Sunday, June 10, 2007 5:19 PM

Nice try with the fake news story, 3:37.

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16 Posted by anonymous | Permalink Sunday, June 10, 2007 5:45 PM

She reminds me of Loyola 2L. They're both from LA. They both whine. Oh wait, Paris has money.

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17 Posted by guest | Permalink Sunday, June 10, 2007 6:36 PM

I am so sick of this "people are jealous of paris" nonsense. Yes, she is rich, attractive, and famous. But hey, nobody has any problems with, say, Ivanka Trump, who is admittedly less famous, but is richer and more attractive.

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18 Posted by guest | Permalink Sunday, June 10, 2007 6:39 PM

coincidentally, Ivanka Trump, who has no need to be jealous of anyone herself, also hates paris hilton
http://www.msnbc.msn.com/id/17031897/

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19 Posted by WGWAG | Permalink Sunday, June 10, 2007 7:51 PM

White Girls With Asian Guys

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20 Posted by Omarosa | Permalink Sunday, June 10, 2007 9:07 PM

Ivanka trump is hot as $h1t.

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21 Posted by guest | Permalink Monday, June 11, 2007 10:14 AM

10:20-
While perhaps a sad reflection on how little your time is worth...THAT WAS HILARIOUS! (mostly because you actually took the time to write that whole thing out).

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22 Posted by guest | Permalink Monday, June 11, 2007 10:17 AM

10:14, I'm guessing/hoping that 10:20 just cut and pasted that from an "Avenue Q" script.

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23 Posted by guest | Permalink Monday, June 11, 2007 12:57 PM

Please get your facts straight, June 10 at 2:50. She entered a plea of no contest to Reckless Driving with a maximum jail term of 90 days.

The issue is whether she was singled out for harsher treatment because she is an obnoxious media whore and general brat. I have defended many "brats" and worse. I do not expect jail release policies that apply to ALL similarly situated inmates to be ignored to force my client to do more time because of media pressure or popular opinion or the anger of some judge. I find it troubling if people can't see a problem with that.

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24 Posted by guest | Permalink Tuesday, June 12, 2007 5:06 PM

Paris was singled out for harsher punishment because she is rich and high profile. That is the bottom line.

The fact that most of you feel personal animosity toward her for one reason or another is besides the point.

And the LA County Sheriff makes unilateral decisions to release inmates early daily.

Get a life.

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25 Posted by Itoldyou so | Permalink Thursday, June 14, 2007 10:21 AM

Los Angeles Times

Hilton will do more time than most, analysis finds
By Jack Leonard and Doug Smith, Times Staff Writers
June 14, 2007

Paris Hilton will end up serving more time behind bars THAN THE VAST MAJORITY OF INMATES SENT TO L.A. COUNTY JAIL FOR SIMILAR OFFENSES, according to a Times analysis of jail records.

Whether Hilton received special treatment from the Sheriff's Department has become the subject of much debate since Sheriff Lee Baca last week allowed the hotel heiress to go home after less than four full days in jail, despite a promise that she would serve 23 days of a 45-day sentence.
The Times ANALYZED 2 MILLION JAIL RELEASES AND FOUND 1,500 CASES SINCE JULY 2002 THAT — LIKE HILTON'S — INVOLVED DEFENDANTS WHO HAD BEEN ARRESTED FOR DRUNK DRIVING AND LATER SENTENCED TO JAIL AFTER A PROBATION VIOLATION OR DRIVING WITHOUT A LICENSE.

Had Hilton left jail for good after FOUR DAYS, her stint behind bars WOULD HAVE BEEN SIMILAR TO THOSE SERVED BY 60% OF THOSE INMATES.

But after a judge sent her back to jail Friday, Hilton's attorney announced that she would serve the full 23 days. That means that HILTON WILL END UP SERVING MORE TIME THAN 80% OF OTHER PEOPLE IN SIMILAR SITUATIONS.

The findings came as some critics accused Baca of showing favoritism to Hilton and as the Los Angeles County Board of Supervisors launched an investigation into whether the multimillionaire received special treatment because of her wealth and fame.

The data also underscore the profound effect of the Sheriff's Department's early-release program, which sets inmates free before their sentences are up to ease overcrowding.

Before the early-release program began in 2002, inmates with cases similar to Hilton's were sentenced to terms that amounted to an average of 23 days, the same as Hilton is expected to serve. They actually served 20 days. After the program began, the average term was 14 days, with inmates actually serving an average of four days.

Because of the high media interest, Hilton was one of only a few inmates whose premature release received publicity — and the judge who originally sentenced her noticed. She is believed to be the first inmate in years who actually was sent back to jail to serve more of her term.

"Twenty-three days would be considerably more than the average person given her sentence would actually serve," said Stan Goldman, professor of criminal law and procedure at Loyola Law School. "The jails are so overcrowded that even though overcrowding is not the reason for her release, it colors every release decision from the jails system."

Baca's release of Hilton because of undisclosed medical problems touched off a storm of protest. Last year, the department released only three inmates on medical grounds, a spokesman said.

One of the most vocal critics, civil rights activist Najee Ali, said Wednesday that Hilton ought to be released if inmates sentenced for similar crimes were serving less time. He continued to criticize Baca's decision to cite medical problems for the release, but added that only dangerous offenders should serve their full sentences given the jail's need to limit overcrowding.

"Clearly, her violation is not as serious, so she should be released," said Ali, director of Project Islamic Hope. "The rules of fairness should be applied equally."

Hilton was sentenced to 45 days for violating probation on alcohol-related, reckless-driving charges from an incident in September. Police stopped her while she was driving during the period that her license was suspended.

If Hilton does serve the 23 days, she will have done about the same amount of time as 4,000 inmates who since 2002 had been charged with assaults, as well as more than 1,800 charged with burglary, more than 2,600 charged with domestic violence and nearly 11,000 charged with drug violations.

Over the last five years, more than 200,000 inmates have been released early. Baca started the releases during a budget crunch that he said left him no choice but to shut large portions of the nation's largest county correctional system. Though economic times have since improved, a federal court has ordered his department to reduce chronic overcrowding in the jails, hampering efforts to keep inmates longer.

The Times' analysis of jail releases found that more than 60% of those with cases similar to Hilton's walked free after serving less than half their time. Under the department's current guidelines, Hilton probably would have served even less time. Most nonviolent female offenders sentenced to less than 90 days are released immediately.

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26 Posted by COCKBOY | Permalink Tuesday, November 20, 2007 12:26 PM

SHES A WHITE LIL SPOILD WHORE LET HER GET BUTT SLAMED BY PRISON GUARDS

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