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Actress Lindsay Lohan to Appeal Sentence

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By Tanya Roth, Esq. on July 09, 2010 3:34 PM

That thump you hear is the sound of chins hitting the ground all over the western world as the public is apprised of the basis for appeal in the case of Lindsay Lohan vs. the justice system. Ms. Lohan, as you will recall, was recently sentenced to 90 days in jail with another 90 days of rehab for the violation of her probation stemming from DUI charges in 2007. Ms. Lohan's now former attorney, Shawn Chapman Holley, called the sentence "harsh and unfair." Lindsay's mom called it "a spectacle." Lindsay called it a violation of her human rights.

As noted, the Lohan legal team is in transition as Ms. Chapman has left the employ of the young actress. When a replacement has been found, plans to appeal will be taken up. In the interim, Lohan seems convinced that the Article 5 of the UN Universal Declaration of Human Rights applies directly to her case. According to the Montreal Gazette, Lohan has been tweeting quotes from the declaration including the following quote: 'No one shall be subjected to torture or to cruel inhuman or degrading treatment or punishment.'"

True statement, but more applicable to others, perhaps than to Lohan. As one legal expert told People.com, "There is absolutely zero chance of Lindsay winning an appeal because there's overwhelming evidence of her repeatedly violating her probation and the court's orders," says criminal defense attorney Trent Copeland, who is not involved with the case. "That is undisputed." The application of law to the actual facts of the case is a much better basis for appeal than a general statement of global human rights.

A more realistic approach to the situation (realistic, though, not really being Lohan's strong suit) would be to face up to the sentence. The sentence will be carried out at the Century Regional Detention Facility, in Lynwood, California. As reported, the Los Angeles Sheriff has a long time policy of releasing non-violent offenders due to overcrowding, so who could say how little time Lindsay would actually be behind bars. But, as one article noted, the Lynwood Detention Facility does not permit hair extensions, make-up, or cigarettes. Maybe someone should contact the UN after all.

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