I Can’t Resist…
Monday, May 7th, 2007…a post on Paris Hilton. I’m interested in whether people think 45 days in the custody of the state is light, heavy, or just. Inevitable schadenfreude aside, I find myself of two minds.
Given that she was plainly guilty, and seemed to go out of her way to create the impression that she felt the whole affair was beneath her (showing up 15 minutes late for court is a poor way to engender judicial sympathy), I think its a perfectly reasonable sentence. It’s not as though she lacked the resources to hire a driver to get her around town or, say, to court. And there are plenty of people with more limited resources serving harsher sentences for lesser offenses.
At the same time, I really believe the initial offense itself was not something that should be a crime - namely, driving with a blood alcohol content just over 0.08. If she blew a 0.15, shame on her. Even if she blew a 0.10 I might be on board. But criminalizing what is, in effect, a glass or two of wine with lunch, strikes me as fundamentally unjust unless one is prepared to levy the same penalties on anyone observed applying make-up, changing the radio station, or scratching an itch while driving. There is a balance to be struck between the obligation of any citizen not to unduly endanger others, and the obligation of insufferable busybodies to let people live their lives in ways that busybodies might find objectionable. A legal BAC limit of 0.08, even enacted with the best of intentions, strikes me as a very poor balance. Thoughts?