• Why Lindsay Lohan gets away with repeated probation violations

    Date: 02.08.12 | by Judge Tom.

    What is behind the numerous breaks Lindsay Lohan seems to get from the judicial system? Is it her celebrity and wealth? Are judges in California star-struck or blinded by the glare of papparazi surrounding these scofflaws?

    Not likely. Like everyone else, judges are bound by rules and laws. They can act only as authorized by state and federal constitutions, rulings from higher courts and applicable state and federal laws. California judges are no exception.

    The Eighth Amendment to the U. S. Constitution states that: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

    Mug shots over past three years

    A violation of the 8th Amendment can include anything from the method of execution in a capital punishment case (firing squad versus lethal injection) to overcrowding in a jail or prison. In May, 2011 the U. S. Supreme Court found that California’s severe prison overcrowding constituted “cruel and unusual” punishment.* The Court ordered the state to reduce it’s adult prison population by over 30,000 inmates within the following two years. The state responded with a realignment plan that sends people convicted of non-violent and non-serious crimes to county jails instead of state prisons.

    This shifts the burden of incarceration to already overcrowded local jails. Consequently, non-violent probation violators like Lindsay Lohan are dealt, in some respects, with kid gloves. Hopefully her repeated probation violations will end and she’ll be able to get on with her life without the need for court supervision or additional incarceration even if only for a day or week at a time.

    *Brown v. Plata, May 23, 2011 (USSC).

    Judge Tom

    This post was written by Judge Tom. Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.

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    3 Comments subscribe to these comments.

    • Tulsa Divorce Lawyers
      Thu, 09 Feb 2012 at 06:01

      Lindsay in making a mockery of the legal system and in the process setting a poor example for young girls. I wish a prosecutor would get aggressive and throw Lindsay in jail!

    • Bert Cundle Sr.
      Sat, 18 Feb 2012 at 03:22

      Well… A Good CIVIL Lawer can Put the Criminal case Moot! She is more civil than the JUDGES… FIGHTING FOR HER “RIGHTS”!!! BRAVO GIRL… Beat um!

    • heated
      Mon, 15 Apr 2013 at 08:14

      So hypothetically, say I was arrested for possession of a narcotic (not weed). When I got arrested, they took my phone as “evidence”. What are they looking for? And if they find information that I was doing other criminal activities (smoking/selling weed), can they charge me with that crime as well, even though they never caught me in the act of that crime?
      Dear Heated: It is possible that evidence found on your phone may lead to additional charges. It depends on the criminal laws in your state, the nature of the evidence and the policies of your local law enforcement. If this happens, discuss the situation with your lawyer. Good luck.
      (This is information only – not legal advice).

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