Sunday, June 10, 2007
From postchronicle.com: Loyola University School of Law CrimProf Stan Goldman and USC School of Law CrimProf Jody Armour are asking whether Los Angeles Superior Court Judge Michael T. Sauer was valid when he overruled Sheriff Lee Baca's decision to transfer Hilton to house arrest after just three full days in jail for what was originally a 45-day sentence, reports Josh Grossberg of E!
"It's really bizarre that the most frivolous person in the western world in the most frivolous case in which she didn't know she has a license to drive might end up creating precedent that could affect thousands of prisoners and where they're housed and how they're housed for years to come," said Stan Goldman, professor of criminal law at Loyola University Law School.
Reportedly, Goldman and others agree that the latest decision by Judge Sauer, to send Hilton back to jail, creates a legal quandary as to whether or not the judge overstepped his bounds and if in fact, Sheriff Baca's decision should have stood.
"The judge attempted to impose control over the sentence," said Jody Armour, professor of law at the University of Southern California. "The sheriff doesn't have discretion to do anything willy-nilly, but once the custody of an inmate has been given over to his department, the sheriff is given a lot of latitude. But with one huge exception."
Judge Sauer's sentencing specifically forbade Paris from being placed on home confinement. "The judge was trying to limit the discretion of the sheriff, and the sheriff was saying this is our domain," Armour said. Rest of Article. . . [Mark Godsey]