Paris Hilton: Does justice favor the rich?

Yes

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by Russell Greer

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Justice does indeed favor the wealthy and powerful. All one need do is look at the preferential treatment Paris Hilton recently received in jail, not only from the county sheriff who released her prematurely, but by the actual treatment she received from detention facility personnel; treatment that is currently being investigated by state authorities for its very preferential nature. Although not wealthy by the lofty standards of the Hilton Hotel fortune, O.J. Simpson, charged with two counts of first-degree murder, received arguably the most unfair trial in recent history; the catch was, it was UNFAIR TO THE PEOPLE. Indigent criminal defendants, often too poor to afford legal counsel, are often urged to "plead out" to charges by their court-appointed counsel.

As we saw in the boring, overplayed saga of Ms. Hilton, America's most notable "pampered princess," the local sheriff, himself a beneficiary of a sizable campaign contribution in 2006 from none other than Ms. Hilton's billionaire grandfather, allowed her to be released after serving only three days of her original 45-day sentence for DUI and two counts of driving on a suspended license. The sheriff did his hat-and-cane "tap dance" before the harsh glare of media spotlights to explain that her release was due to some nebulous medical condition, which amounted to nothing more Miss Hilton having an existential "meltdown" in the ol' Iron Bar Hotel. In other words, she threw a "hissy fit." Upon her reincarceration, she was treated differently than "ordinary" inmates by the jail-house staff, who allowed her additional telephone privileges and catered to her culinary preferences whenever possible. We all know the common folk would not be so accommodated behind bars.

In 1995, while the Los Angeles County District Attorney's Office prepared its case against accused double-murderer and former NFL football great, O.J. Simpson, the late Johnny Cochran and an assemblage of African-American lawyers and civic leaders met with District Attorney, Gil Garcetti, to put him on notice that the NAACP and "black America" would be looking over his shoulder to ensure Simpson received a "fair trial." There would be no figurative lynching of this black man, who stood accused of murdering to white people; two extremely attractive white people. Subsequently, Mr. Cochran resurfaced as a member of Simpson's "Dream Team" of defense lawyers. As events unfolded, Mr. Simpson's money and fame ensured he received perhaps the most unfair trial of the 20th century. The catch was, that with a star-struck judge who allowed virtually unlimited "grandstanding" by Cochran, F. Lee Bailey, and others on the so-called "Dream Team," Simpson's trial was unfair, not to him, but to the rest of us. Remember, "If it doesn't fit, you must acquit?" The majority of us do not have millions to spend on criminal defense, should we find ourselves accused of such serious crimes. Simply put, Mr. Simpson's notoriety and money bought him a different standard of justice than the "man on the street."

In recent years, the Georgia Innocence Project, headed by a criminal defense attorney who is an old college friend of mine, has succeeded in getting several men released from prison after a decade or more for rapes and/or murders they did not commit, based on DNA testing of evidence that was not available at the time of their trials. Of the three high-profile cases that come to mind, all of the released men have been poor and black. When I asked why this was the case, my friend simply replied, "Because they were poor and couldn't afford to pay for their defense." Basically, they were assigned incompetent or unmotivated defense lawyers, who either urged them to "plead out" or simply could not afford to pay investigators or expert witnesses, as could the state, with all the resources at its disposal. They were also faced with unscrupulous prosecutors, who suppressed or ignored exculpatory evidence, and judges with agendas, both eager to "solve" cases and punish the accused.

Yes, justice favors the wealthy and powerful in these great United States. Paris Hilton has shown us what billions can buy behind bars. O.J. Simpson has shown us what fame and millions can do in the courtroom. The recent, notable work of the Georgia Innocence Project shows us what a travesty our justice system tends to be, in light of the fact that money, or lack thereof, often affords different standards of justice.

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