READER COMMENTS ON
"MSM: We'll Always Have Paris"
(9 Responses so far...)
COMMENT #1 [Permalink]
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Agent 99
said on 6/8/2007 @ 4:01 pm PT...
Great! I'm so glad there won't be any more news this week. I need a rest.
COMMENT #2 [Permalink]
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oldturk
said on 6/8/2007 @ 4:57 pm PT...
A-99,..
What no round the clock candle light vigil at your place for Paris Hilton. How callus and unfeeling this world has become.
COMMENT #3 [Permalink]
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Linda
said on 6/8/2007 @ 7:11 pm PT...
My 12-year-old daughter used to act like that when she was seven or so. I guess the judge is going to have to do for Paris what her parents never did ... set limits, and enforce them.
COMMENT #4 [Permalink]
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Adam Fulford
said on 6/9/2007 @ 3:55 am PT...
The frenzied mobs frothing at the mouth, ready to tear at Paris Hilton make me think of the ravenously embittered peasants attacking "landowners" and "socialites" put on display at public squares by the leaders of Communist China or the civilians stoning "prostitutes" to death for their sins in Iran. Part of a scape-goating propaganda ploy to divert attention from real issues, catering to peoples' most base emotions.
They punish Paris as the token rich White girl to give the illusion of fairness in the justice system, but not actually correct its underlying problems and inequalities. If people wisely chose their battles, they'd target decision-makers who actually affect their lives. Mobs are scary, illogical, and stupid. Free Paris!
COMMENT #5 [Permalink]
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Dredd
said on 6/9/2007 @ 7:27 am PT...
On a technical note, I have been pondering the legality of the judges latest ruling.
Did the judge increase the sentence or conditions of confinement in any way after she began serving the sentence?
If so it could violate the double jeopardy clause of the US and/or California Constitution.
One case says:
Once a sentence has been imposed and the person begins to serve the sentence, that sentence may not be increased without running afoul of double jeopardy principles.
(Pate v State of Florida). California is in accord:
Under the general common law rule, a trial court is deprived of jurisdiction to resentence a criminal defendant once execution of the sentence has commenced ... Where the trial court relinquishes custody of a defendant, it also loses jurisdiction over that defendant ... If, however, the trial court "retains in itself the actual or constructive custody of the defendant and the execution of his sentence has not begun," the court may vacate and modify the sentence ...
People v. Karaman, 4 Cal.4th 335, 14 Cal. Rptr. 2d 801; 842 P.2d 100 (1992).
As a general premise, a sentence can be decreased, but not increased when the defendant has not conducted further wrongful behavior.
The question probably turns on whether the sheriff medical people had the authority to allow a medical condition modification of the place of custody.
If so and the modification of the locus of incarceration can be considered a softening of conditions, then removal of those conditions may be a violation of the double jeopardy clause.
The judges order was not based on the behavior of the defendant, but instead it was based on an argument between to government entities as to who had the say.
She could win on an expedited appeal or a writ of habeas corpus, if the new order was illegal.
COMMENT #6 [Permalink]
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big dan
said on 6/9/2007 @ 12:42 pm PT...
COMMENT #7 [Permalink]
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Adam Fulford
said on 6/9/2007 @ 1:09 pm PT...
How about Democracy NOW!'s whole Friday show was about the Israeli....
Yeah, yeah, but, first, what did Paris eat before being sent behind bars again?
COMMENT #8 [Permalink]
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Chris Hooten
said on 6/9/2007 @ 11:59 pm PT...
I bet she had her panties on when she got out of that car!
COMMENT #9 [Permalink]
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tom hoser
said on 6/10/2007 @ 10:10 am PT...