Troubled popstar/actress Lindsay Lohan met her Waterloo this week when Judge Marsha Revel sentenced her to ninety days in jail for violating her probation in two DUI cases. Judge Revel was unmoved by the actress’ tearful apology. Lohan went from childhood Disney star to posterchild for booze and drug addled celebs. Her ninety days of soulful retrospection at the “greybar hotel” will be followed by another 90 days in a rehab facility.
Criminal sentences have multiple purposes. Punishment is central to most sentences, especially when incarceration is mandated. Deterrence is important. Criminal sentences have to serve as a message to others that this type of behavior is not tolerated in a law abiding society. In Lohan’s case the judge had to consider the legion of impressionable youngsters who follow this Diva’s career. No matter how penitent she appeared or the progress that she appears to have made in battling her addictions, there had to be consequences for her unwillingness to follow the rules set down by her probation. How does Judge Revel or any other judge respond to the next offending youngster whose lawyer points to Lohan’s antics and argues for yet another chance? My wife has this thing about people, in her words, always “getting a pass.” She thinks, and rightly so as the mother of five, that there should be accountability. apparently so does Judge Revel.
An article that appeared after her court appearance actually focused on some not so subtle message displayed on Lohan’s manicured nails at the sentencing. A celebrity manicurist noted that kids are now going to go crazy following this trend. If her fingernail message can have such a potential widespread effect you can understand why the judge felt that her refusal to follow the rules could go viral as well.
Rehabilitation is also a primary goal of criminal sentences. For first offenders, unless the conduct is extreme, rehabilitation becomes the primary goal. Probation is a privilege. It is an opportunity to demonstrate that the offender “gets it.” In some instances merely having the potential for prison hanging like the Sword of Damocles is enough. 
Probation means that a court has sentenced a defendant to jail time but suspends the execution of the sentence for some period of time while the offender is monitored. With limited budgets and overwhelming caseloads, probation officers everywhere struggle to help young offenders find the right path. In this economy there are fewer programs available to aid offenders in reforming their behavior. If Lohan was allowed to break the rules without consequences, regardless of the validity of her excuses, those among her followers who embrace her “bad girl” ways would likely do the same.
Punishment in our criminal courts is usually progressive. First offenders generally get a break. Many times people who have violated the terms of their probation are even cut some slack by the next judge. At some point, however the system has had enough. Jail follows. With each offense the likelihood of jail and the extent of the time increases. Someone on probation who is arrested for a subsequent offense faces the prospect of a separate prosecution for violation of probation. A separate arrest warrant is obtained with an additional request for bail. Even if the individual is ultimately acquitted of the crime that precipitated the violation, that person can be found in violation of their probation. The level of proof needed to prove a violation of probation is significantly less than that needed to get a conviction of the underlying offense. Probation cases require proof by a mere preponderance of evidence compared to the proof beyond a reasonable doubt standard for criminal trials.
In our state there is an unwritten rule of thumb in probation violation cases. Plea bargains start with the state looking for the imposition of 50% of the suspended sentence, with additional jail time for the new offense. In those instances where there has been a minimal violation but with a sincere effort to rectify that violation judges can be persuaded to give the offender another chance; but not with a world of Twitter followers like in Lohan’s case.
Rich Meehan is a senior partner in the law firm of Meehan, Meehan & Gavin, LLP, Bridgeport, Conn. For more information on Rich or his firm go to www.meehanlaw.com or www.ctdentalmalpracticelawyer.com, or e-mail Rich at rtm@meehanlaw.com
