Affluenza (Page 3)

OK, his parents didn't punish him, but he got the same consequence there that alot of 14,15, and 16 year olds get.   While I agree that his parents are probably idiots, that doesn't hold any water when it comes to how the kid should be sentenced in the crime we are discussing.  He's not even close to the first kid who killed someone while driving impaired or recklessly.....and he's not going to be the last either, not by a longshot.  Putting these kids in prison as a first option is just wrong in my opinion, for reasons I've already stated.

Many are.....but you and I pay for it.

I hope there is a civil suit that comes out of this.

prison is probably not the right thing - this kid would get eaten alive in prison.

but vacation in newport beach hardly seems like an appropriate punishment.

I'm curious, why do you care if there is or not?  I hope everybody involved finds some peace.....what a nightmare.

Just seems to me like there is some middle ground here between the slap on the wrist he got and the lock him up and throw away the key option.

I would have a much easier time accepting a 5 year incarceration followed by 10 years probation. Sorry bleeding hearts that does not "ruin his life". He would have ample opportunity to finish high school while in the system, and it would keep him out of society until he was 21 and hopefully remorseful and much more mature at that point. He would then have 5-10 years on probation to prove what he had learned. Heck if he behaved himself well in prison he would be out in 2-3 years easy. Plenty of time to finish high school while in then go to college when out. 

No, it doesn't bring the 4 dead people back, but no punishment undoes any crime and we don't advocate letting everyone off. There should be a balance of punishment and rehabilitation where possible. This sentence IMO is heavy on the rehab and very light on the punishment. 

I was just answering the question of what the prior record was.  

I am on the side that he should have gotten a little jail time.  His whole defense was he's never been punished or known discipline.  This seems like a pretty good time to teach him about punishment.  But I also can't argue with your logic of keeping prison reserved for those who are a continuing danger to others.  The kid got his second chance, we'll see what he does with it.

Regardless of his penalty, the parents are in for a world of chit in the civil court room.  Not only will they be sued for four wrongful deaths, but there were 9 other people injured including one boy who's paralyzed and can only communicate by blinking. Yeah, that family fortune is gone.

That is true the rehab thing seems cushy, but maybe the 10 years of probation will help him to correct his attitude and actions.

Also the whole "affluenza" defense didn't work. He was still found guilty of manslaughter and sentenced. People just don't agree with the sentence.

that means nothing to him.  it just means "next time don't get caught"

There is not a soul who walks this planet and knows me that would call me a "bleeding heart" when it comes to crime and punishment.....believe it.  If I were king you'd spend serious prison time the first time you were violent toward another person....and the next time you'd be gone forever.  I promise you the rate of crime in this country would drop like a stone.  But in order to do that we have to look at ways to rehabilitate and counsel non-violent offenders, and nobody wants to look at it because they all want a pound of flesh for these crimes.  It's the worng way to look at punishment in my book, but like I said, I win either way......job security or a safer place for all of us.....I'll take either.

...yes you can. This is a ridiculous statement. You could be found criminally negligent, but there are very specific legal distinctions regarding intent.

No it doesn't

CONDITIONS OF PROBATION IN THE STATE OF TEXAS:

Common conditions of probation include the following items. REFER TO YOUR COPY OF THE CONDITIONS FOR SPECIFIC ORDERS IN YOUR CASE.

COMMIT NO OFFENSE AGAINST THE LAWS OF THIS STATE, OR ANY OTHER STATE, OR OF THE UNITED STATES.This means any violation of the law. Notify your Probation Officer upon being arrested or ticketed. The Probation Officer is notified by the Department of Public Safety of any arrest, so it is best to let your Officer know right away.

AVOID INJURIOUS OR VICIOUS HABITS; ABSTAIN FROM THE USE OF ALCOHOLIC BEVERAGES AND NARCOTIC OR HABIT FORMING DRUGS, MARIJUANA AND CONTROLLEDSUBSTANCES. While on probation, absolutely no drinking of alcoholic beverages.  Usage of narcotic or habit-forming drugs without a physician’s permission is not allowed. NO EXCEPTIONS.

AVOID PERSONS OR PLACES OF DISREPUTABLE OR HARMFUL CHARACTER: (INCLUDING PLACES WHERE NARCOTIC DRUGS, MARIJUANA AND CONTROLLED SUBSTANCES ARE PRESENT, SOLD OR USED; AND WHERE ALCOHOLIC BEVERAGES ARE SOLD), AND DO NOTASSOCIATE WITH PERSONS WHO HAVE A CRIMINAL RECORD. Do not be in the company of anyone convicted of a felony, co-defendants in your case, or anyone who can get you in trouble. Stay away from people who use drugs or alcohol, and places where they are sold, served, or used. Stay out of bars and “beer-joints”, etc. It is permissible to go to restaurants and stores that have alcohol as long as you do not drink.

REPORT TO THE PROBATION OFFICER WEEKLY OR AS OTHERWISE DIRECTED. This is a maximum reporting schedule. When you are first placed on probation, your Officer may have you report this often. If you live or work outside of this County, you are required to report as directed by the supervising Probation Office in the county where your case is transferred, and send written reports to this office as instructed.

PERMIT THE PROBATION OFFICER TO VISIT YOU AT YOUR HOME OR ELSEWHERE. The Probation Officer may visit you at your home or job. These visits generally will be unannounced. The purpose of these visits is to assist the Probation Officer in knowing you better, to converse with you in your own surroundings, and to talk with your family regarding any progress or problems.

OBTAIN AND KEEP GAINFUL EMPLOYMENT IN A LAWFUL OCCUPATION.If you are physically able, you must work, unless you are retired, fulltime student, or fully supported by another willing individual such as a spouse. If you cannot find a job, your Probation Officer can tell you the best places to look for jobs, job training, etc. Occasionally the Courts or the Probation Officer will not allow a probationer to work in a particular occupation or location, or may require that the probationer advise the employer of the fact that he/she is on probation. This occurs primarily when a probationer is in a position to commit an offense similar to the one for which he/she is on probation.

DO NOT CHANGE YOUR PLACE OF RESIDENCE AND REPORT ANY CHANGES IN EMPLOYMENT OR MARITAL STATUS TO YOUR OFFICER WITHIN FIVE DAYS. Before changing jobs or moving, you must secure permission from your Probation Officer.

REMAIN WITHIN THE COUNTY UNLESS GIVEN WRITTENPERMISSION TO DEPART BY THE PROBATION OFFICER. Unless otherwise directed, you will be permitted limited travel in your county of residence and surrounding counties. If you are to be out of this county for more than 24 hours, you must secure a travel permit and permission from your Probation Officer. If you plan to travel out of this designated area for any period of time, but within Texas you must obtain permission from your Probation Officer. If you wish to leave Texas you must obtain an Out-of-State travel permit from your Probation Officer. All travel outside the United States requires the approval of your sentencing Judge.  If you leave Texas without written permission, you will be considered a fugitive. The Probation Officer or the Judge may limit your travel, as they deem appropriate.

SUPPORT YOUR DEPENDENTS.This includes the payment of Court ordered child support and normal support of your family dependents.

PAY YOUR FINE IF ONE WERE ASSESSED, AND THE COSTS OF COURT, IN ONE OR SEVERAL SUMS, AND MAKE RESTITUTION OR REPARATION IN ANY SUM THE COURT SHALL DETERMINE.Payments must be made as noted in the Conditions of Probation, by the tenth (10 th) day of each month by money order. If you are unable to pay, you must contact your Probation Officer to explain why payment cannot be made. You must report as directed by your Probation Officer even if you cannot make your payment.

PAY A MONTHLY PROBATION SUPERVISION FEE TO THE ADULT PROBATION DEPARTMENT BY THE TENTH (10th) DAY OF EACH MONTH FOLLOWING THIS ORDER.Every person placed on probation is required to pay a monthly probation supervision fee for every month he is on probation, in cashier’s check or money order only, to the probation office in the county where his probation was granted.

SUBMIT TO TESTING FOR ALCOHOL OR DRUGS AND PAY REQUIRED FEES.These samples may be taken at any time and as often as once a day by your supervising probation Officer. Submission of doctored (or adulterated) samples will be dealt with by possible additional charges and the Courts through revocation.

PERFORM A SPECIFIED NUMBER OF HOURS OF COMMUNITY SERVICE RESTITUTION UNDER THE DIRECTION AND SUPERVISION OF THE PROBATION OFFICER. This is work for which you will not be paid but will be done for the community’s benefit. Your Probation Officer will make arrangements for referral to a court-approved agency. If you were ordered to perform more than the minimum hours allowed by law for the degree of your offense and you perform 32 hours or more per month you may be eligible for an additional 8 hours of extra credit. Extra credit towards CSR may also be granted for obtaining a GED or high school diploma.

PROVIDE VERIFICATION OF EMPLOYMENT AND INCOME.  You are required to provide copies of paycheck stubs, W-2 forms, Federal Income Tax returns and similar documents.

REPORTING REQUIREMENTS FOR DEPORTED PROBATIONER. If deported, do not return to the United States illegally. Report by mail every month and provide verification of income. If you return to the United States, you must report to the Community Supervision and Corrections Department within 10 days of re-entry.

THERE ARE MANY CONDITIONS WHICH MAY BE ADDED TO YOUR PROBATION SUCH AS ALCOHOL OR DRUG EDUCATION, PARTICIPATION IN ALCOHOLICS AND/OR NARCOTICS ANONYMOUS MEETINGS, MENTAL HEALTH COUNSELING, IN OR OUT PATIENT DRUG OR ALCOHOL TREATMENT, ETC. YOU ARE RESPONSIBLE FOR COMPLETING THESE PROGRAMS OR SPECIAL CONDITIONS AND FOR THE FINANCIAL COST OF MOST. IF YOU HAVE ANY QUESTIONS, CHECK WITH YOUR PROBATION OFFICER.

COMMUNITY SUPERVISION PROGRAMS & SERVICES

Please know that you have access to a broad range of programs and services available to you through your community supervision officer (CSO) which are provided through our in-house programs division including the following: anger management, budgeting, critical thinking skills development, drug education, DWI Education, supportive out-patient treatment, individual therapy, individual substance abuse counseling, crisis counseling, life management skills development including goal setting, values examination, communication skills, stress management, and problem solving, special needs support group, aftercare, relapse prevention, women’s support groups, long term therapy groups, victim impact panels, bridge groups to A.A./N.A., parenting, and domestic violence prevention with partner counseling group with child care.  Through agency contracts and special regional initiatives, you have access through your CSO to intensive out-patient treatment, residential chemical dependency treatment, and psychological evaluation.

Actually, yes you can.....that's the whole idea of negligence, or involuntary, which is what these crimes are based on.  That's precisely why it's manslaughter and not murder, and carries a much lighter sentence.

Haha wasn't pointing you out directly. Just a general statement.

Obviously this kid would end up in a Juvy jail if he had gone to jail. Not exactly the same as a "Federal Pound You in the A$$ Penitentiary". 

Not forgotten, but certainly gone.....and any punishment advocated doesn't change that fact.  You really aren't left with any alternative than to try to work out what's left and best for those not dead.

And this thread has illustrated perfectly the problems with the American Criminal Justice System, and why we have the highest rate of incarceration in the world.

http://www.nccdglobal.org/sites/default/files/publication_pdf/factsheet-us-incarceration.pdf

LB, I guess I just find it ironic that you keep saying this was a non violent offense. How is killing someone not violent? I am sure the four innocent people died a violent death that night...  Just my thoughts...

He didn't shoot, or stab, or beat them to death. His intention for the night was not to have it end with someone dead.

I get that, but I don't have aproblem distinguishing between people who intentionally, purposefully, hurt others and those that do it with negligence. The only thing I can tell you is that from dealing with both groups, my experience is that there is a world of difference.

Look, it's a horrible crime.....I can think of little worse than a whole family of people getting whiped out by a drunk driver.  But now you are left with finding the best solution for the perpetrator and society......and my experience also tells me that prison is wrong for these people, certainly on the first offense.  I understand if your experience tells you something different,  but I think you would better understand my position if you got a really close look at how we handle crime and punishment in this country.....all the while crying about how dangerous society is becoming. (not you, society as a whole)