LA Sheriff Says Paris Hilton Too Sick for Jail - Go Home!

EDITED Friday 4 PM EDT

In most states misdemeanor convictions are local. City or county. If confinement is part of the punishment, it is served in the local jail. Misdemeanors usually carry no more than a 1 year sentence. A felony is usually defined as any crime for which the punishment is A) more than 1 year and B) is to be served in a state facility. Felonies are prosecuted by state officials whereas misdemeanors are prosecuted by locally elected prosecutors.

Separation of powers doctrine. The executive, the legislative and the judiciary are the three co-equal branches of our government. The legislature writes the laws. The executive enforces the laws and the judiciary conducts trials to see if a person charged by the executive (prosecutor) is guilty as defined by the laws (legislature).

After a person is tried and is convicted, the judiciary (court) assesses the punishment and conditions allowed by the legislature (laws.) The person then goes into the custody of the executive branch. Generally when a prisoner is transferred to the custodial authority, the court is finished.

In this case however, the courts sentence specified no home incarceration, no reduction in sentence, no electronic monitoring. This custodial authority, like all us ordinary mortals, is obliged to follow that order. Or appeal it, like the rest of us.

Probation. A law may allow a judge to impose a sentence for say, 10 years, and also that same law or other sentencing laws may allow the judge to probate all the sentence or to require 6 months to be served in confinement and the remaining 9 years 6 months of the sentence is probated. There are terms and condition that go with any probation. The first conditions is always not to break any other laws. There is supervised probation and unsupervised probation.

Parole. For a variety of reasons it has become the routine to allow a person out of prison before the expiration of his sentence. This is called parole. Each state sets its own rules and often a non-violent case will be eligible for parole after serving 20% of the sentence whereas a violent offense will not be eligible for parole until serving 50% of the sentence.

When a person is placed on parole, it is as in probation, either supervised or non-supervised. The first 5 yeas on parole may be supervised, then any time remaining will be unsupervised. The parole period extends to the full time of the original sentence. If a prisoner refuses parole, or is not paroled, the he is said to be on a "serve out." To remain in custody until the full sentence has been served, less time for good behavior. See below.

Revoking probation or parole. It has been held by the Supreme Court that th Revocation Hearing is more akin to an administrative proceeding than it is to a criminal trial. That rule lowers the standard of proof from “beyond a reasonable doubt” (highest) to “clear and convincing” (lowest.) Additionally, the person on probation or parole may be required to submit to blood, breath and urine testing anytime and to other waivers of normal civil rights.

Probation beats parole anytime!

On counting "days served." Any part of a day counts as 1 day. If you check in 1 minute before midnight, you get credit for a full day, if you are released one minute after midnight, that counts also as a full day.

Time off for good behavior. Usually there is a formula set by each state for how much time you get off for not causing trouble. In some states it is as little as 1 day off for each month served. In others it is one day for every two days served. The rate of “good time” is also determined by how many times a person has been in prison. First offenders get more credit that repeat offences. Non-violent get more than violent. And so on. Time off is given in part to give inmates incentive to stay out of trouble and equally important, to be obedient to staff who may be able to revoke all or part of good time.

Finally, all prisoners in custody must be physically and psychologically profiled and associated with persons of similar profiles. In Ky, my state, there are 9 profiles. Weak, young and effeminate are not put into contact with old, hardened macho guys. Aggressive are not housed with passives. Geriatrics are not put with young people. This does not mean there is no sex in prison, but it does mean it is almost always consensual between persons of equal or near equal standing. And etc. The prison system (confining authority) is responsible for the safety and well being of all its inmates.

[edit on 6/8/2007 by donwhite]

Mods please close this thread as the op didn't do a search or even look at the forum he was posting in. Or did and blatantly just coped an existing thread.

Existing thread

According to FOX she's been ordered back to jail, being dragged from the courthouse screaming....

edit:

The judge ordered her back to jail for the complete 45 day sentence, not the 23 day sentence.

I really must say I think Paris isn't being treated right in this case. It wasn't her fault the sheriff let her go, why increase her sentence?

[edit on 6/8/2007 by djohnsto77]

Originally posted by djohnsto77
According to FOX she's been ordered back to jail, being dragged from the courthouse screaming....

edit:

The judge ordered her back to jail for the complete 45 day sentence, not the 23 day sentence.

I really must say I think Paris isn't being treated right in this case. It wasn't her fault the sheriff let her go, why increase her sentence?

Hmm...It really depends on what was said during the hearing. If Paris was putting on a act then,(Not saying she did-I don't know) I'm sure her sentence would have been increased. But as you said something isn't right- they should have kept her in there since her sentence was 23 days.

My guess is she put on a crying spell or something. On the news it was said she wasn't eating or was about ot have a nervous break down. I even saw on the news showing some guy delivering cup cakes to her house.

I reserve jugdment on her sentence being increased- someone fouled up in releasing her early. You can't be in law enforcement and be soft. Who ever was behind in releasing her early should be fired. You can't over turn a judges sentence and decide on your own when to release a inmate.

Paris Hilton broke the law- plain and simple. A dui- driving on a suspended license and violated probation. 45 days should be a breeze if we did that we would get 6 months perhaps.

Don't you feel sorry for Paris? She thought she was home and hosed but has discovered that there are some legals in the US who take the law seriously. I think we all should take pity on her....NOT!!

I doubt that this is finished yet. In all probability Daddy and Mommy are taking steps to get her out again. The chess game continues. Princess to King's Castle 2.....

Originally posted by johnlear

My guess is that the judge will have to be told what the problem is because L.A. County who now knows what the problem is is not going to take her back in her condition. He might be told that in chambers to avoid the publicity.

this is from AP:

Hilton's attorney, Richard Hutton, implored the judge to order a hearing in his chambers to hear testimony about Hilton's medical condition before making a decision. The judge did not respond to that suggestion.

So there was the attempt to tell the judge what was going on but he didn't want to hear it. He probably has no idea her real condition. On the other hand maybe he knows and is trying to force it into the open my making them file a motion. The motion would have to spell out clearly what is the cause of her illness and if its withdrawal from addiction the motion will have to spell out what that addictive drug was.

Interesting.

haha what a load of total crap.

God it must be nice to disgustingly rich parents.


If I did the same thing Lyssie's ass would be in county lock up for the next 180 days.





It's our curse that makes this world, so damn hopeless, allowing our king to spread his genocidal wings.






















































mah handz grip ya throat i need your end

Originally posted by hippichick
Don't you feel sorry for Paris? She thought she was home and hosed but has discovered that there are some legals in the US who take the law seriously. I think we all should take pity on her....NOT!!

I doubt that this is finished yet. In all probability Daddy and Mommy are taking steps to get her out again. The chess game continues. Princess to King's Castle 2.....

This is what I found out over Larry King Live- She had a tanner to come out to her house Thursdays night. Hippichick please don't fall for her sob story. I'm sure she sobbed and carried on and refusing to eat made it worse. I'm sure she's a nice person from what I heard but that dosen't change that she broke the law. Believe me I know jail is no picnic. But she was sentenced for 23 days. That sherrif should have never released her thats where the screw up was.

And the thing that did make me upset a whole slew of photographers outside her house. I think that itself was humiliating for her and there was no call for it. The dept screwed up.

I'd deficate on her belongings given the chance.

and thats from the heart.

this whole paris b.s. is way too hyped up! OVER IT

being spoiled rich isn't a medical condition!

im glad shes back in, she deserves it. people fight addiction, get stabbed and raped in jail and they're still not let out. justice has been served and thats all that really matters. letting her out sets a horrible precedent and would no doubt be brought up in court cases for years to come.

this is her chance to actually do something useful with that otherwise worthless life... as a martyr she can show the world the principles on which our justice system was founded may still be intact.

there may be hope for us after all!



[edit on 6/9/2007 by bokinsmowl]

EDITED AS RECOMMENDED BY LEYLA

posted by Leyla
This is what I found out over Larry King Live. I'm sure she sobbed and carried on and refusing to eat made it worse. Believe me I know jail is no picnic. But she was sentenced for 23 days. That sherif should have never released her that’s where the screw up was . . the thing that upset me . . photographers outside her house. I think that itself was humiliating for her and there was no call for it. [Edited by Don W]

In general terms, the court’s do not “tell” the custodial authorities how to do their job. Separation of powers. Generally speaking, when a person is convicted by the court and referred to the executive branch - sheriff - to carry out the sentence, it is left to the good judgment and applicable laws and rules that guide the sheriff.

OTOH, when the court specifies as part of the sentence that the convicted person shall not be released from confining incarceration, nor shall the time specified to be served be reduced, then that is part of the sentence and he sheriff is obliged to carry it out to his best ability. I wrote earlier if the sheriff had any sense this was intruding into his area of authority, then his remedy is to appeal the sentence to the next higher court. Falling to do that, the sheriff had no right to act arbitrarily. As for the 45 days versus the 23 days, I am of the opinion the sentence was 45 days, and the sheriff on his own, “credited” her for good behavior at the outset which would have reduced it to 23 days. It would have been more appropriate for any reduction to have come after serving the 23 days. Not before. And we see, she has not behaved well.

I think the sheriff believed his staff had more important tasks then watching a pampered, spoiled witch essentially worthless to society, and wanted her out of his hair. Unfortunately, I think he overstepped his authority in this case. He has to take the good with the bad. On a sinking lifeboat, she’d be the first passenger I’d throw overboard.

I believe people like Paris (and OJ, etc.) “live” by the notoriety they get. Deny them that endless attention and their lives would be dull, and they’d think life was useless. That IS their life! If there had been no photogs at her house, she would have really been ill! IMO.

[edit on 6/9/2007 by donwhite]

If anyone needs bashing its OJ Simpson.

I do agree that Paris should have been a adult about it and served her time. I think they should stick Lee Baca in jail too- Can't confirm it but it maybe a possibility that he took bribes.
I mean really if he didn't release her and have the LASD haul her back to court. I think that whole media circus was a outrage. I don't wish that humiliation (on national tv no less) on anyone.

What Paris needed was her parents not spoil her to no end and tough love. Get her in the hotel business teach her the ropes or even send her to (business-management) college. She has to learn life is not a party and you have to work to live. (I had no idea that the Waldorf Astroia was owned by the Hiltons too.)

Edit-

en.wikipedia.org...

She's lucky the judge didn't order her to serve 36 months in jail for violation of probation.

[edit on 6/9/2007 by Leyla]

posted by Leyla

If anyone needs bashing its OJ Simpson. I do agree that Paris should have been a adult about it and served her time. I think they should stick Lee Baca in jail too- Can't confirm it but it maybe a possibility that he took bribes.

I mean really if he didn't release her and have the LASD haul her back to court. She has to learn life is not a party and you have to work to live. (I had no idea that the Waldorf Astroia was owned by the Hiltons too.) [Edited by Don W]

Did I mis-hear that Paris was to be back in Court June 11, Monday AM?


[edit on 6/10/2007 by donwhite]

Lookie what I found-


www.news.com.au...

Stabbing hoax
www.omeletto.com...

www.news.com.au...


[edit on 6/10/2007 by Leyla]