Monday, August 21, 2006

MEL GIBSON'S SENTENCING - ANTI-SEMITISM IS NOT AGAINST THE LAW

As I predicted in my blog on Mel Gibson's apologies, Gibson copped a plea in the case of his July 28th drunk driving arrest. He had been charged with (1) driving wihile having a 0.08 percent or higher blood-alcohol level, (2) driving under the influence of alcohol, and (3) driving with an open container of aclohol. Under California law, the first two charges are midemeanors and the open container charge is considered an infraction, rather than a crime. A defendant facing such charges is not required to appear in court for dispostion of his case.

On August 17, one of his attorneys appeared in Malibu Superior Court and plead Nolo Contendere (no contest) in Gibson's behalf. While technically not a guilty plea, its effect is the same, since by not contesting the charges, the defendant implies that he committed the offense(s) with which he has been charged.

There was no way that Gibson was going to go through a trial where the sordid facts attendant to his arrest would be rehashed in public and in the presence of a scandal-hungry media. Indeed, Gibson's attorney appeared in court unbeknownst to the media and entered the plea a month before his next scheduled court hearing. Thus, his case has been laid to rest with minimal public attention. And by appearing a month early with a prearranged plea bargain agreement, his attorney succeeded in avoiding the usual Superior Court oder for an investigation and sentencing recommendation by the Los Angeles County Probation Department.

The plea bargain called for the dismissal of the driving under the influence and the open container charges. On the remaining charge, Gibson was placed on three years of probation, fined $1,608, and had his driver license restricted for 90 days. As part of his probation, he was ordered to attend "self-help meetings" five times a week for four and a half months and three meetings per week for another seven and a half months. He was also required to complete a prescribed three month alcohol education and counseling program.

Was Gibson's sentence a mere slap on the wrist? Not at all. The sentence was fairly severe for a first-time drunk driving offender. The only thing missing is the usual community service part of a drunk driving sentence. In addition to the three month alcohol counseling program, Gibson is also required to attend a one year long self-help program. That does not leave much time for any community service. Of course, there is a very good chance that, at a later date, his attorney will succeed in having the self-help and alcohol counseling progams reduced to a much shorter period of time. It is also possible for the period of probation to be modified if Gibson remains on good behavior.

What about Gibson's tirade during his arrest? He threatened to make the arresting officer's life miserable, but since Gibson made no physical threats, his mouthing off is not against the law. He made some vitriolic remarks about Jews, but anti-Semitism is not against the law either. The courts have recognized angry expressions, such as those against the officer and Jews, as constitutional protected speech. The one year long self-help program part of the sentence appears to be the court's way of addressing Gibson's hatred of Jews.

If Gibson had been a rock star or a hip-hop star with a legion of rabid young fans, his hateful remarks would have led to a significant increase in anti-Semitism. Fortunately, instead of an idolized rock star, he is an aging Hollywood celebrity with a declining number of fans. Gibson has a deep hatred of Jews, but his fans are either already anti-Semites or, if not so, they are not likely to adopt his bigoted views.

Gibson's movie, THE PASSION OF THE CHRIST, which blamed Jews for Chirst's crucifixion, probably did lead to a rise in anti-Semitism. Ironically, the publicity for that movie was hyped in no small measure with the unintended help of Jewish community leaders in their public outrage against the film long before it opened in theaters. Those were some of the same Jewish leaders Gibson reached out to in the phony apology released by his publicist.

The fallout from Gibson's arrest and tirade is over. Now that the case is closed, you can bet that he is not going to seek the Jewish community's help in searching for the cause of his anti-Semitic outburst. After his murder trial, O. J. Simpson declared that he would spend the rest of his life searching for his wife's killer. Simpson's search is easy - all he has to do is look in the mirror. Mel Gibson's search for answers to his anti-Semitic tirade is much harder because he is in denial of his hatred for Jews.

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