Queen Bee Behind Bars

I hopped in the shower crusty-eyed trying to wake myself up for the day ahead. But over the calming sound of water pressure I could hear helicopters buzz outside. I live by the hospital so maybe there was a big accident… Could a diplomat or politician be in town? Or could it be an infamous LA high speed chase? As I left my apartment I looked up, squinted into the sun, and saw one of the choppers was “FOX NEWS”… WTF was going on?  I uploaded the LA Times on my Blackberry (after all I am part of the “I need it now” generation so I couldn’t wait until I got into work to look online) and the miniature black and white headline stared back at me. Lindsay Lohan Booked into Jail. DUH! How could I be such a drater! Of course a dead-beat-never-working celeb was causing the copter chaos above Beverly Hills Courthouse.

Lindsay Enters Beverly Hills Courthouse

Lindsay Lohan was sentenced to 90 days jail time for violating her probation for DUI and drug related charges. 90 days seems like a stiff sentence for the Hollywood party girl but Deputy Dist. Atty, Danette Meyers, who prosecuted Lohan, said the sentence was “was appropriate in this case.”

Some argue there is a double standard for celebrities – that they are given “special treatment”. On the other hand, many celebs (and their respective fans) argue that they are constantly under a microscope and are therefore treated more harshly by the criminal justice system than the average citizen. From a legal perspective Lohan’s sentence does not appear unreasonable but there are arguments on each side.

First, the facts. Lindsay’s sentence stems from violating her probation for 2 drunk driving arrests, another arrest for possession of a “white substance” and not attending alcohol education classes. In Los Angeles County if you violate your probation a judge can sentence you to the maximum jail time allowed for the original violation. According to California Vehicle Code Section 23152 (Driving Under the Influence) a second or third offense can get you up to 1 year in a county jail.

Looks like Lohan’s 90 day sentence is somewhat “cushy”, no? Plus, due to over crowding in California jails, Lindsay will most likely only serve 25% of her sentence. Lohan was also ordered to enter a 90 day rehab facility upon her release from jail – which many say is in her best interest (many of Lindsay’s friends have told tabloids they are afraid for her life).

On the other hand, fans of the Mean Girl (and other celebrities) argue that judges use popular public figures to “send a message” or “set an example” to the public – something like a sacrificial lamb argument.  This theory is quite difficult to prove considering many “normal” people are sentenced to shorter and lengthier jail times for violation of probation. Yet it seems like Lohan’s case might be one of these sacrificial situations when considering the prosecutor’s own words — Deputy Dist. Atty Meyers, who prosecuted Lindsay, said, “the message to the public is don’t drink and drive,” she said. “If you do drink and drive, and you’re punished for it, complete the programs.”

Lohan Fans outside Courthouse

Regardless, Lindsay will not be treated like every other prisoner so don’t get your panties in a bunch!  State guidelines for handling prisoners of notoriety explain that such prisoners must be kept away from the general jail population. Additionally, Nancy Lozano, an employee at the detention center, said the jailhouse went into lockdown when Lohan arrived. Lozano said she and other employees in the jail’s work release program were asked to leave early, and inmates were held in their cells without restroom privileges or recreation time.

Booking Shot at Lynwood

Now the question becomes will Lindsay Lohan re-emerge from her cell a reformed girl like Paris Hilton? Will she ever make a good movie again? Or will she come out of jail and rehab a bitter bitch? If she’s smart, she will sober up, read some scripts and have  a Britney-Spears-like-comeback.

Good luck Lindsay! And remember, prison food is full of carbs.

The legal buzz in Hollywood

Could Mel Gibson Go to Jail? The entertainment industry is buzzing about Gibson’s leaked tapes with ex-girlfriend Oksana Grigorieva. There is no doubt they are vulgar but are they illegal? In order to be convicted of a crime the State must convince a jury, beyond a reasonable doubt, that Mel Gibson had the intent (proper mental state) to commit domestic abuse as well as committed the physical act. There are always 2 elements in a crime, the mental state –  mens rea – and the criminal act, the actus reus. If one of these two elements is lacking beyond a reasonable doubt Mel Gibson will not be prosecuted. As much as we’d all love to see Mel Gibson put away in jail, he’s much better off in rehab or a loony bin for treatment. He clearly needs help. If a physician finds him mentally ill or if he was intoxicated while being secretly taped (or even if he was intoxicated when he committed the crime – if he committed the crime) then proving intent will be nearly impossible.

It should be interesting to see if and how these tapes are admitted as evidence in either a potential domestic relations case or in the current custody case between the ex couple. Taping someone without their knowledge is usually an invasion of privacy but secret tapes are sometimes allowed in domestic abuse cases due to the private (behind closed doors) nature of the crime.  Because there are typically no witnesses to the crime there is a lack of evidence and proof making the tapes more appealing to a judge. The law is not clear cut. What is clear cut is the end of Mel Gibson’s career… the lethal weapon? His own mouth.