Affluenza defense
- Thread starter DavidWhite
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The punk kid will just say mom abducted me...
The mother will say she was drunk and didn't know right from wrong...
The first ruling was sooooooooo over the top, it would not surprise me that they both get off with a slap of the hand...
flhrci
Final Approach
Yup..
Best cure for "Affuenza" is to remove every penny from the family..
They will go from the rich section to the ghetto.......
Then they will get welfare and be taken care of by the government. Wouldn't that be ironic?
David
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Snorting his way across the USA
As much as I blame the kid for killing four innocent people, I'm more concerned with the system that entertained that defense. It's broke.
If he hadn't hurt anybody and just got popped for a DUI, that outcome would have been roughly the same. See a disparity here?
If he hadn't hurt anybody and just got popped for a DUI, that outcome would have been roughly the same. See a disparity here?
SkyDog58
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Canis Non Grata
Being a "spoiled little rich kid" used to be just a way to explain certain behavior, now it is used to excuse it. Both the punk and his mom should do time.
Daddy will probably hire some very high priced lawyer to get him off. The parents are as much at fault as is the kid.
EdFred
Taxi to Parking
More at fault. You know the kid didn't come up with that defense, and pretty sure the lawyer didn't either. Although, based on what I've read, I'm not sure a high priced lawyer will get him off this time.
Should have fled somewhere that doesn't have extradition.
I don't know if the Affluenza-defense worked so much as the judge was ill-disposed to send 16 year olds to jail on DUIs even when they did result in manslaughter. Ten years probation is substantial and in line with previous decisions by the judge. Of course, Couch showed he's not worth leniency by violating the terms of his probation flagrantly by playing beer pong at a party, not reporting to his PO, and ultimately absconding.
I hope they lock mommy up too.
I hope they lock mommy up too.
vkhosid
Cleared for Takeoff
But, its just not "tourist season" in Syria right now...
EdFred
Taxi to Parking
Croatia, Kazakhstan, Bhutan, Western Sahara, and Dubai are available.
vkhosid
Cleared for Takeoff
Yeah, but I bet the all-inclusive resorts absolutely suck in those places....and don't get me started on the quality of the burritos.
EdFred
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What about The Maldives, or Vanuatu?
rachelk.tailwinds
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Rachel
A crooked judge here and there is nothing new, the crazy thing is how the jury believed it, too.
Also, it's fine and dandy for them to argue that his parents never set rules for him but why do people think it's okay for the law to also not set rules for him?? Everyone has to learn consequences sometime. Most people learn as children from their parents, this kid should simply have to learn from the law. I don't understand what happened for the people involved in this trail to think well, he's never seen repercussions for any of his actions, we'd better not show him now.
Also, it's fine and dandy for them to argue that his parents never set rules for him but why do people think it's okay for the law to also not set rules for him?? Everyone has to learn consequences sometime. Most people learn as children from their parents, this kid should simply have to learn from the law. I don't understand what happened for the people involved in this trail to think well, he's never seen repercussions for any of his actions, we'd better not show him now.
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EH? Nothing "crooked" about this. Do you think the kid should have had been punished MORE because his lawyer was a ********? This judge has a habit of using these long probation sentences for minors appearing before her. There's no indication that the judge gave any credence to the attempts by the defense to mitigate the sanction. Her sentence was consistent with what she gave in other cases.
There wasn't any jury to believe anything. The kid pled guilty. The judge alone was presented the affluenza bullpoop during the sentencing hearing.
vkhosid
Cleared for Takeoff
Incorrect. Someone cited a case in 2004/2005ish under similar cicumstances of a 16 year old who was driving drunk, hit someone, killed 1 person, and was sentenced to 20 years in custody. The only difference being that in the 2005 case, the kid stole a strangers SUV, and this moron stole his dad's SUV.
One gets 20 years in custody, the other gets 10 years probation. Granted, its only one example, and i'm too lazy to look into all the facts of the case. But, on the surface, very similar circumstances.
Nope. That wasn't the only difference. She wanted to give him a similar probation, but no rehab agency would accept the probationer. As stated these long probation sentences were typical of her. Some people in other cases bristle at taking kids into the correction system long into their adulthood. About the only thing remarkable in this case is the defense counsel mounting a reprehensible defense. It's not clear it did anything for his client.
Yep, never allow the facts to get in the way of a good forum rant.
vkhosid
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Luvrv8
Line Up and Wait
If my kids pulled some crap like that they would be better off in jail then with me, that I can promise you.
Gerhardt
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Gerhardt
Yeah, my parents would have been in Mexico with me too. Not hiding me, but chasing me.
Luvrv8
Line Up and Wait
You will have to deal with your wife too...
She is a peace officer that worked in corrections, I would have to hold her back.
Luvrv8
Line Up and Wait
She has been around hundreds of kids that were all innocent in jail, she doesn't put up with much. Her mom was a parole agent, no running to grandma either.
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Flymeariver
Pattern Altitude
News says they are going to try and boot his ass to adult court...but since this was a Juvi court action to start with won't it have to stay there?
He has a determinate probation sentence (of which ten years is the MAXIMUM he could have gotten). For resentencing, the juvenile courts can refer him to adult court for resentencing at their discretion. He doesn't have to stay there, but the juvi court can't have him removed against their wishes.
Note that the probation violations are crimes in their own right. Those can be prosecuted in adult court.
Flymeariver
Pattern Altitude
Ahh so the probation violation is what will truly get him now then. Got ya...I imagine both kid and mom are screwed either way now.
So if juvi court moves him to adult court, he could still get locked up for the full 10 years ?
It doesn't look like he intended to take advantage of the opportunity to rehabilitate himself.
Yes. Even if they don't move it to adult court, they could give him a definite sentence into adulthood.
Kid, have you rehabilitated yourself?
The news is reporting that if sentenced in Juvi court then he can only be locked up until his 19th birthday which is in March. If transferred to adult court he can only be locked up for 120 days but then the remaining 8years of his probation is adult probation and if he violates it again he can get up to 40 years.
They are reporting that his mom can get 2-10 years for taking him out of the country.
http://www.star-telegram.com/news/local/community/fort-worth/article52037270.html
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I don't believe so. That would be true if he was given an indefinite sentence. It gets terminated at 19, but the court is free to give a longer DEFINITE sentence. This can get extended into adult hood (though subject to review when he turns 21). He was already on the DEFINITE ten year probation (which is why it was ten years and not just until he turned 19 or 21....).
Lol..
I don't claim to have any knowledge about criminal law, especially regarding juveniles in Texas, but the story quoted the district attorney for the county where he is being charged when it stated those were the maximum penalties that he faced.
Fearless Tower
Touchdown! Greaser!
I hope she does spend some time in prison. I don't agree with the leniency shown by the original judge, but this latest development seems to be proof that this kid is what he is because of the parents.
vkhosid
Cleared for Takeoff
Though I don't agree with what she did, and I'm a 30 year old with no kids (so take it for what it's worth)...But can you tell me that you wouldn't do something similar for your child(ren)?
wilkersk
Pattern Altitude
Yes, I can tell you that I would not. Both my kids were taught to take responsibility for their actions. And, they know, for certain, how much I hate the whiney "me, my & mine" mentality that seems to be so prevalent in society today.
wilkersk
Pattern Altitude
Glad they caught that little $#1t. And, I hope they give mom the maximum penalty for her crimes.
Fearless Tower
Touchdown! Greaser!
No, and I have two kids.
If they were running from the law because they didn't want to fulfill their (rather small) debt after killing people because of their lack of responsibility, I most certainly would not assist them in any way shape or form.
But, my kids wouldn't be using an 'affluenza defense'.
In my mind, this just emphasizes the parents role in this kid turning out to be a worthless POS.
Everskyward
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Everskyward
I don't have kids either, but I can't imagine doing something similar for my imaginary children.
denverpilot
Tied Down
Our system hands out exactly how much "Justice" you can afford. People don't like to admit it or notice it, since they were indoctrinated in school that it's a "fair" system.