posted on Sep, 19 2010 @ 12:12 AM
I think this is something of a misconception about how the Law works here in the States. There is a reason Lady Justice has a blindfold on and is
holding scales and a sword. Justice is what happens in the end, and not the begining.
As far as the Paris Hilton goes, and before people go nuts on Law Enforcement, the Prosecuting Attoenry is the one who made this deal. Is it possible
to be arrested for a felony and have it reduced to a misdameanor? Sure is, as I have seen i thappen before. In most crimes there is something called a
lesser included offense. An example of this would be if someone broke into an unoccupied house. At the worst, they are suspect of 2nd Burglary while
at the low end they are suspect of tresspassing.
I think there is a misconcpetion though about who can get away with what. When celebrities end up being arrested for something, it makes the news due
to their public stature. What doesnt make the news are the 10k other people who commit the same crime and also get a lesser charge as part of a plea
Our legal system here in the US has approximately 90% +/- of its case loads dealt with through a plea bargain. If this did not happen, you can kiss
goodybye the concept of a speedy trial because it will take nluiple years to get it before a judge.
If anything I would say celevrities sometimes get a wrose sentence than what a normal person would based soley on their public stature. Sometimes
making an example out of a celebrity goes farther to act as a deterant to others becuase of the publicity it gets. I am not saying I agree with this,
but its there.
Other things to take into context:
Where was her purse located at in the vehicle?
Was it within reach of other people in the vehicle?
Were other drugs located on anyone else or in the vehicle?
Did anyone in the vehicle lay claim to the drugs?
When the purse was removed from the vehicle, was it in someones custody the entire time?
If not, who had the purse?
The reason I post this is there are a lot of variables that go into criminal cases that are explored in court.
Law Enforcement does their part by doing as thourough of an investigation as they can. They ask questions, collect evidence, and attempt to wrap up
all loose ends / eventualities.They submit their report to the PA's office wo reviews the case and decide if the evidence collected can support the
If the PA decides their is enough evidence they will proceeed with it, with a plea deal suggested by either defense or PA's office. If neither side
agree it can go to a jury trial or bench trial (judge). If the PA gets the report and decides certain parts of the investigation are on shaky grounds,
they may opt to reduce the charges to something different (lesser most of the time) that still fits as a crime, but better able to make a case.
Trying to draw a paralell between a felony drug and marijuana possession is hard to do. Marijuana is the only controlled substance in this country
that has both a felony and misdameanor charge (less than 35g). Every other controlled substance will be a felony charge no matter how much or how
little of its in posession.
The law of probability in this country dictates that the non celevrities will commit a crime than celebrities based soley on the number of people vs
the number of celebrities there are. The chances the celebrities incident will be on tv is higher because of who they are.
I dont think its preferential treatment at all.. I just think it appears that way because it makes the news and other incidents involving every day
just my 2 cents.