Affluenza defense

[Anthony]

As others have said, if the judge is going to buy into this defense then he should have had the parents cuffed, and charged immediately. It is THEIR FAULT if this kid doesn't know right from wrong. For the record, I don't agree that the judge should have accepted this defense.

 

[Anthony]

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.

Bingo. It is not a "justice system". It is a money making business.

 

[N801BH]

Bingo. It is not a "justice system". It is a money making business.

What was the judge, before he was a judge ...... An Attorney

And what will the judge be after he leaves the bench,.. An Attorney...

 

[SkyDog58]

Caught after ordering pizza on their cell phone.

 

[Matthew]

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)?

Yes, I can say I would not have done that (2 kids).

The kid was on parole, not doing time. All he had to do was stay out of trouble for a while, something the vast majority of our society manages to do every day. Mom decided to grab him and bail out of the country. Now both of them are looking at a very real possibility of time behind bars.

 

[brien23]

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

The one place in the criminal justice system where there was at least an appearance of equality among the economic classes was incarceration. Jail was jail for both the rich and poor. Now even that bastion of equal treatment has fallen with the rise of pay-to-stay jails for well-off prisoners who can afford them.

 

[X3 Skier]

Yes, I can say I would not have done that (2 kids).

The kid was on parole, not doing time. All he had to do was stay out of trouble for a while, something the vast majority of our society manages to do every day. Mom decided to grab him and bail out of the country. Now both of them are looking at a very real possibility of time behind bars.

If they get the original "judge", they'll wind up back in PV at government expense and the "judge" will also fine the law enforcement officials involved $1000000 for harassment.

Hope both mom and son spend time in a Mexican Prison while waiting for extradition to a US Prison.

Cheers

 

[N747JB]

If they get the original "judge", they'll wind up back in PV at government expense and the "judge" will also fine the law enforcement officials involved $1000000 for harassment.

Hope both mom and son spend time in a Mexican Prison while waiting for extradition to a US Prison.

Cheers

I had an employee that got put in jail in Cozumel for public drunk, you really have to try for that one, anyway it was not a pleasant experience.

 

[Matthew]

If they get the original "judge", they'll wind up back in PV at government expense and the "judge" will also fine the law enforcement officials involved $1000000 for harassment.

Maybe.

Maybe the judge doesn't like being shown up as a chump, either.

 

[vkhosid]

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.

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.

I don't have kids either, but I can't imagine doing something similar for my imaginary children.

I don't think I did a good job conveying my point on the first attempt (was lazy with the typing).

The point I'm trying to make is that its much easier to say, "Yeah, screw you. You should be put away for life" when you're an impartial (I'm assuming you have no skin in the game) party. Granted, that's the way it should be.

Also, my assumption is that you've instilled in your child(ren) (through various means) the difference between "right" and "wrong", and that all actions have consequences (good or bad). Furthermore, as a human being, you're obviously going to be biased in certain circumstances (when you or your family is involved). And although you know what the punishment SHOULD be, you can't help but think, "well, my son/daughter really IS a good person aside from this incident (chalk it up to a one-time lapse in judgement), and should be allowed some leniency for [blah blah blah]."

This ended up being somewhat of an incoherent rant but, basically, I'm trying to say that you're more likely to be sympathetic when it's your husband/wife/child/etc. And that while you don't agree with what the mother did, surely you can see WHY she did it.

Should this be an excuse for a more lenient punishment? No! Should she be chastised for "protecting" her son? Mehhh...


EDIT:

Truthfully, I think any sort of argument we make is speculative at best. There's a reason people are jumping all over this story....this thing just doesn't happen very often (use of an "affluenza" excuse for ones' actions). And saying what you would/would not do if it were your kids in this situation is speculative as well because obviously (and rightfully so) you can't imagine your children doing something this dumb.

 

[Matthew]

I still don't see why she did it.

The kid is out of jail, just needs to stay out of trouble. What does mom do? Puts him right in the middle of trouble. Maybe she thought they wouldn't get caught, but then both of them would be fugitives. Makes no sense.

Maybe the kid's lawyer can say it wasn't the kid's fault, mom was his legal guardian and took him against his will.

 

[Shawn]

Kid getting off in the first place was unjust but an international manhunt involving US Marshalls over an Instagram video for attending a party is freakin absurd and a waste of resources.

Too bad that can't catch real criminals.

 

[Gerhardt]

I still don't see why she did it.

The kid is out of jail, just needs to stay out of trouble. What does mom do? Puts him right in the middle of trouble.

That's what I've been saying. The kid probably wouldn't have been in serious trouble. Probably just yet another slap on the wrist. Hell, Even after the party video came out no one was even looking for him. It wasn't until he skipped his meeting w/ his probation officer that anyone in the justice system even cared.

To me, it defied logic from the beginning.

Kid getting off in the first place was unjust but an international manhunt involving US Marshalls over an Instagram video for attending a party is freakin absurd and a waste of resources.

Too bad that can't catch real criminals.

Yeah. Getting off originally was a travesty of justice. But once he was let off, an international manhunt for a probation violation seemed like overkill.

As much as I love my kids, if this had been one of them they'd have been safer behind bars than anywhere I could get to them.

 

[Norman]

What I wonder about is how people with so few functioning brain cells managed to amass such a fortune. They certainly don't act like monied folks.

 

[Everskyward]

I still don't see why she did it.

The kid is out of jail, just needs to stay out of trouble. What does mom do? Puts him right in the middle of trouble. Maybe she thought they wouldn't get caught, but then both of them would be fugitives. Makes no sense.

Maybe the kid's lawyer can say it wasn't the kid's fault, mom was his legal guardian and took him against his will.

She was apparently the problem in the first place. Wasn't the defense all about the kid being raised too permissively?

So I would say I can see why she did it, but I wouldn't do the same.

 

[Gerhardt]

They certainly don't act like monied folks.

I work with a lady here at the office and she has a nice job and a good salary. But every morning I hear her say her version of "good morning". At least once every morning I'll hear "How you?" and I'll spend the next few minutes wondering how that's possible.

And on a note semi-related to the Affluenza kid, I just read where two British teens were caught stealing items from Auschwitz last year and pled guilty and received probation. Now, for who knows what reason they're going back to court to plead not guilty - which makes them eligible for prison time. Who does something like that?

 

[denverpilot]

Maybe.



Maybe the judge doesn't like being shown up as a chump, either.

Too late. Anyone accepting an affluenza defense has already shown themselves up as a chump.

 

[Matthew]

Did the judge actually buy that defense, or just give a lenient sentence?

 

[Witmo]

Did the judge actually buy that defense, or just give a lenient sentence?

The kid pled guilty (I would assume a plea bargain). The afluenza crap was brought up during sentencing, as I understand it.

 

[denverpilot]

Makes you wonder which of mom's buddies had something on the Judge almost...

 

[Sundancer]

Geez, he killed four people, maimed two more. . .if not mentally deficient, even with a permissive upbringing, he had to understand the consequences of killing while driving impaired, at least intelectully, if not emotionally.

I mean, I don't really care if mommy and daddy set him up to fail, or not, Just want him locked up. I feel bad for rabid dog, but I don't want him in the park with kids, either.

 

[N801BH]

Geez, he killed four people, maimed two more. . .if not mentally deficient, even with a permissive upbringing, he had to understand the consequences of killing while driving impaired, at least intelectully, if not emotionally.

I mean, I don't really care if mommy and daddy set him up to fail, or not, Just want him locked up. I feel bad for rabid dog, but I don't want him in the park with kids, either.

You are much nicer then me......

I would put him the back of a pick up truck,,,, cruise down any 6 lane expressway at rush hour, in the center lane.... and push him out... And let a hundred or more cars /trucks knock him around like a pinball..

Bring out the FD to hose off the mess and call it good enough...

 

[Gerhardt]

You are much nicer then me......

I would put him the back of a pick up truck,,,, cruise down any 6 lane expressway at rush hour, in the center lane.... and push him out... And let a hundred or more cars /trucks knock him around like a pinball..

Bring out the FD to hose off the mess and call it good enough...

The reason kids are tried as juveniles is that their brains don't work the way adults' do. Yes, they know right from wrong, but I don't think there's a clear connection between actions and full consequences. At 16, most think they're bulletproof and know everything there is to know.

If we're honest, almost all of us did a lot of things back then we'd never do now.

I'm not saying kids deserve a free pass because they don't. But I think the death penalty is a little steep for DUI manslaughter. I can tell you that if that was my kid he'd be working non-stop to make the world a better place after doing something like that - certainly not enjoying alcohol ever again.

I suspect that many people are more upset with his current behavior than with what he did four years ago.

 

[N801BH]

My thoughts are with the parents of the dead children.... They got royally screwed.......

 

[Fearless Tower]

My thoughts are with the parents of the dead children.... They got royally screwed.......

True, but I bet this plays very nicely into a civil suit against the parents who produced this turd.

Hey, if the brat's defense is that his parents created a monster, then it sounds like the parents should pony up to support the victims' families.

 

[N801BH]

True, but I bet this plays very nicely into a civil suit against the parents who produced this turd.

Hey, if the brat's defense is that his parents created a monster, then it sounds like the parents should pony up to support the victims' families.

No DOUBT.....

And have their wages garnished for the rest of their lives....

Pond scum breeds pond scum...

 

[Norman]

The reason kids are tried as juveniles is that their brains don't work . Yes, they know right from wrong, but I don't think there's a clear connection between actions and full consequences. At 16, most think they're bulletproof and know everything there is to know.

If we're honest, almost all of us did a lot of things back then we'd never do now.

I'm not saying kids deserve a free pass because they don't. But I think the death penalty is a little steep for DUI manslaughter. I can tell you that if that was my kid he'd be working non-stop to make the world a better place after doing something like that - certainly not enjoying alcohol ever again.

I suspect that many people are more upset with his current behavior than with what he did four years ago.

FTFY.

 

[JB1842]

You are much nicer then me......

I would put him the back of a pick up truck,,,, cruise down any 6 lane expressway at rush hour, in the center lane.... and push him out... And let a hundred or more cars /trucks knock him around like a pinball..

Bring out the FD to hose off the mess and call it good enough...

You are much nicer than me. Baseball bat to some bones. Rip out all finger and toe nails. Buried up to his head in the woods, covered with honey or something else that will attract the critters.

 

[X3 Skier]

You are much nicer than me. Baseball bat to some bones. Rip out all finger and toe nails. Buried up to his head in the woods, covered with honey or something else that will attract the critters.

Might not be too unreasonable to arrange in the Mexican jail where the kid is currently incarcerated.

Cheers

 

[dell30rb]

The kid pled guilty (I would assume a plea bargain). The afluenza crap was brought up during sentencing, as I understand it.

Just something to keep in mind, if you're poor, or otherwise belong to a 'marginalized' group of citizens, that will be brought up in your sentencing as well, as a defense.

I don't find either one acceptable.

 

[N801BH]

Just something to keep in mind, if you're poor, or otherwise belong to a 'marginalized' group of citizens, that will be brought up in your sentencing as well, as a defense.

I don't find either one acceptable.

Yeah.... Me neither...

 

[weilke]

True, but I bet this plays very nicely into a civil suit against the parents who produced this turd.

There was a series of civil suits which have settled in the meantime. The highest payment was 2 million for the brain damaged victim. 1mil in hospital cost and 1mil in a structured settlement. They got off cheap.

 

[N801BH]

There was a series of civil suits which have settled in the meantime. The highest payment was 2 million for the brain damaged victim. 1mil in hospital cost and 1mil in a structured settlement. They got off cheap.

No kidding....

 

[weilke]

The reason kids are tried as juveniles is that their brains don't work the way adults' do. Yes, they know right from wrong, but I don't think there's a clear connection between actions and full consequences. At 16, most think they're bulletproof and know everything there is to know.

If we're honest, almost all of us did a lot of things back then we'd never do now.

I'm not saying kids deserve a free pass because they don't. But I think the death penalty is a little steep for DUI manslaughter. I can tell you that if that was my kid he'd be working non-stop to make the world a better place after doing something like that - certainly not enjoying alcohol ever again.

I suspect that many people are more upset with his current behavior than with what he did four years ago.

I think people are upset with a juvenile justice system that operates under the concept you describe yet deals with older teens who know how to exploit the system to evade responsibility for their actions. He was supposed to learn something from the experience and he obviously didn't. After he killed 4 people and left one brain-damaged, maybe a one year stay in juvi with 9 years suspended would have given him an opportunity to change the trajectory he is on.

 

[SkyDog58]

I don't care if you are rich or poor or how you are raised. With all of the mass media available these days including the law & order type shows and 24 hour news programs, it is nearly impossible not to know what our society considers right and what it considers wrong. Neither are the consequences of doing wrong a mystery to anyone who has eyes to see and ears to hear and a mind capable of even poor reasoning.

This little punk cretin knew the consequences of his actions. Affluence might have enabled him to escape the consequences of his actions but affluence did not guide his actions nor cloud his judgment. To believe so is foolish. The judge was a fool or was bought and paid for.

 

[N801BH]

I don't care if you are rich or poor or how you are raised. With all of the mass media available these days including the law & order type shows and 24 hour news programs, it is nearly impossible not to know what our society considers right and what it considers wrong. Neither are the consequences of doing wrong a mystery to anyone who has eyes to see and ears to hear and a mind capable of even poor reasoning.

This little punk cretin knew the consequences of his actions. Affluence might have enabled him to escape the consequences of his actions but affluence did not guide his actions nor cloud his judgment. To believe so is foolish. The judge was a fool or was bought and paid for.

MY guess is C ( all of the above)...

 

[brien23]

No DOUBT.....

And have their wages garnished for the rest of their lives....

Pond scum breeds pond scum...

Having the money they have, good bet they have a great umbrella insurance to cover multi million $$$ judgements. We all pay for this one one way or another. The County talks tough now but they the mother and son have the money to defend themselves. It could cost the county plenty and make them cry uncle first. How much did the OJ trial cost L.A. this is a small county.

 

[brien23]

I don't care if you are rich or poor or how you are raised. With all of the mass media available these days including the law & order type shows and 24 hour news programs, it is nearly impossible not to know what our society considers right and what it considers wrong. Neither are the consequences of doing wrong a mystery to anyone who has eyes to see and ears to hear and a mind capable of even poor reasoning.

This little punk cretin knew the consequences of his actions. Affluence might have enabled him to escape the consequences of his actions but affluence did not guide his actions nor cloud his judgment. To believe so is foolish. The judge was a fool or was bought and paid for.

It's called Capital Punishment those without the capital get punished.

 

[weilke]

Having the money they have, good bet they have a great umbrella insurance to cover multi million $$$ judgements. We all pay for this one one way or another. The County talks tough now but they the mother and son have the money to defend themselves. It could cost the county plenty and make them cry uncle first. How much did the OJ trial cost L.A. this is a small county.

The dads business insurer footed most of the bills for the judgements as the kid drove a company truck. Insurance doesn't pay for the violation of probation process and the criminal charges the mother may be facing. For the county, this is just another criminal case litigated by employees of the district attorneys office. I dont see how expenses are going to be an issue.

 

[N801BH]

The dads business insurer footed most of the bills for the judgements as the kid drove a company truck. Insurance doesn't pay for the violation of probation process and the criminal charges the mother may be facing. For the county, this is just another criminal case litigated by employees of the district attorneys office. I dont see how expenses are going to be an issue.

What kind of business does the dad have?