Legal Question in Criminal Law in California

Inequalities In The Administration Of Law

I have a question which has bugged me for a long time.

Two people commit the same offense; domestic abuse where they beat their spouse black and blue which sends her to a hospital. The first offender, an everday citizen, goes before a judge and gets the maximum jail sentence. The other offender, a well-known celebrity, gets a slap-on-the-wrist sentence which is mainly spent serving community service. This is something which happens time after time after time with celebrities. My question is this: Couldn't a defense attorney plead to a court that since the law is not being administered equally, that he's challening the jail sentence his client received? Especially if neither the celebrity or his client had prior offenses? I know that judges have discretion in handing down sentences to offenders and judge each case separately, but it appears that some celebrities commit one crime after another and nothing ever happens to them.


Asked on 5/10/03, 8:18 am

2 Answers from Attorneys
Patrick McNeal Law Offices of Patrick D. McNeal

Re: Inequalities In The Administration Of Law

You have a valid point, as long as there has been a system of justice, or any other system of human relations there always has been a "star" factor, be it in the Courts or elsewhere. Your point is well taken. As a Defense Attorney I often have to fight against that inequity,,we see it also in the area of cultural differences,,,ie white middle class or upper class defendant receiving house arrest where blue collar hispanic gets jail time,,,etc...a good advocate usually can counter that type of injustice in a variety of ways,,,pdm

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Answered on 5/10/03, 10:36 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Inequalities In The Administration Of Law

Thanks for your posting.

You raise a good point, and sometimes defense attorneys with high profile clients argue that the negative publicity is an additional "punishment" that makes a lighter court sentence appropriate. Certainly the average criminal case doesn't get all over the news.

The opposite sometimes occurs, and celebrities may get harsher treatment because they are a celebrity. The TV show Celebrity Justice first made headlines when it dug into court records showing that of 5,000 grand theft felony cases filed in Los Angeles County last year, none of them were facing penalties or received penalties nearly as harsh as actress Winona Ryder who was found guilty of shoplifting.

I hope this answers your question, and best of luck.

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Answered on 5/10/03, 4:23 pm


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