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2013-12-13 3:25 PM
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Subject: RE: Affluenza

Originally posted by mr2tony I recall reading this recently and thinking that it was a pretty lenient sentence. I guess it was super harsh considering the circumstances. http://chicago.cbslocal.com/2013/11/18/teen-driver-sentenced-in-fat...

he was probably a. poor or b.  black (hispanic, name minority here)



Edited by mehaner 2013-12-13 3:26 PM


2013-12-13 3:25 PM
in reply to: mr2tony

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Subject: RE: Affluenza

Originally posted by mr2tony I recall reading this recently and thinking that it was a pretty lenient sentence. I guess it was super harsh considering the circumstances. http://chicago.cbslocal.com/2013/11/18/teen-driver-sentenced-in-fat...

If only one person was killed how did he get charged with 6 counts?

2013-12-13 3:38 PM
in reply to: mehaner

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Subject: RE: Affluenza

Originally posted by mehaner

Originally posted by mr2tony I recall reading this recently and thinking that it was a pretty lenient sentence. I guess it was super harsh considering the circumstances. http://chicago.cbslocal.com/2013/11/18/teen-driver-sentenced-in-fat...

he was probably a. poor or b.  black (hispanic, name minority here)

Why is that, because 2 months in Juvy is so much worse than 10 years probation?  And the article said the 2 months would likely be reduced. They both got the same sentence basically.....all kids do with these driving crimes, and it's the right thing.

2013-12-13 3:41 PM
in reply to: Left Brain

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Subject: RE: Affluenza

Other issue I have is that the people I know that are on probation... It is never really an issue until they get in a pinch, then it is only a nuisance type of deal, not a big deal. I do not see probation keeping people in line. I have no idea about the average probation officers case load, but I know here, it is not that rough a sentence.

2013-12-13 3:48 PM
in reply to: jford2309

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Subject: RE: Affluenza

Originally posted by jford2309

Other issue I have is that the people I know that are on probation... It is never really an issue until they get in a pinch, then it is only a nuisance type of deal, not a big deal. I do not see probation keeping people in line. I have no idea about the average probation officers case load, but I know here, it is not that rough a sentence.

I have a friend who ended up with an alcohol problem.  On his 3rd DWI he had to go to a special court.  he received probation, but the terms were unreal....and nobody was playing around.  IN talking to hinm about other people he had met there it was obvious that his probation waqs not unique.  Ankle bracelets, alcohol monitors in vehicles used only to go to work and back, AA meetings 4-6 nights per week......they basically controlled his life.  He's been sober now for almost 2 years and is doing well.  The only other option for him was prison.  I'm glad he didn't have to go.

But.....JFord, I think you are absolutely right about most probations that involve property crimes.....nobody really cares and the probation officers are swamped.

2013-12-13 7:36 PM
in reply to: Left Brain

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Subject: RE: Affluenza
Originally posted by Left Brain

Originally posted by mr2tony
Originally posted by JoshR
Originally posted by dmiller5

All the affluenze BS aside, it is still a minor who did something incredibly stupid. Assuming he has a clean record before this, the punishment seems to fit the crime far better than "never seeing the light of day again"

Also to the families that are outraged over the sentence, destroying someone else's life won't bring back the lives of your loved ones.

I don't think he should be sentenced for the rest of his life, but he should definitely do some time in my mind, even as a minor. Nothing about his "Affluenza" is going to change. It's still a get out of jail free card for him. Except now he can say he even got out of murder so he has even more malaise.
This is what I was thinking -- he now knows that he can literally get away with murder. I would HOPE he's smart enough to know that if he does something like this again he's going to go to jail for a very very long time, but if he truly is afflicted with this terrible disease then he won't realize that and continue on this path.

Lilke I said, his sentence is really very typical for that crime.  I don't think he knows more than anyone else who kills someone while driving drunk, regardless of family wealth.




The sentence may be typical, but I still have a right to have an opinion. And when it comes to driving drunk and killing someone, regardless of age, race, wealth, etc., I'd make it matter of fact. A prison cell. No 2nd chances. Some say that's extreme, and that's their opinion. We all have our right to an opinion.


2013-12-13 8:09 PM
in reply to: jford2309

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Subject: RE: Affluenza
Originally posted by jford2309

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




A civil suit that delivers the only known cure for "affluenza." You take ALL their money. Ought to cure that right away.
2013-12-13 8:23 PM
in reply to: ChineseDemocracy

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Subject: RE: Affluenza

Originally posted by ChineseDemocracy
Originally posted by Left Brain

Originally posted by mr2tony
Originally posted by JoshR
Originally posted by dmiller5

All the affluenze BS aside, it is still a minor who did something incredibly stupid. Assuming he has a clean record before this, the punishment seems to fit the crime far better than "never seeing the light of day again"

Also to the families that are outraged over the sentence, destroying someone else's life won't bring back the lives of your loved ones.

I don't think he should be sentenced for the rest of his life, but he should definitely do some time in my mind, even as a minor. Nothing about his "Affluenza" is going to change. It's still a get out of jail free card for him. Except now he can say he even got out of murder so he has even more malaise.
This is what I was thinking -- he now knows that he can literally get away with murder. I would HOPE he's smart enough to know that if he does something like this again he's going to go to jail for a very very long time, but if he truly is afflicted with this terrible disease then he won't realize that and continue on this path.

Lilke I said, his sentence is really very typical for that crime.  I don't think he knows more than anyone else who kills someone while driving drunk, regardless of family wealth.

The sentence may be typical, but I still have a right to have an opinion. And when it comes to driving drunk and killing someone, regardless of age, race, wealth, etc., I'd make it matter of fact. A prison cell. No 2nd chances. Some say that's extreme, and that's their opinion. We all have our right to an opinion.

Brother, you can say that monkey's should fly out of his arse every 10 minutes for the next 100 years for all I care.  I don't see where anyone said you couldn't have an opinion.  Have at it.

2013-12-14 9:12 AM
in reply to: Left Brain

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Subject: RE: Affluenza

setting aside the debate over the appropriateness of the sentencing in this particular case, what kind of precedence does the "spoiled rich kid" defense set for a generation raised on super sweet 16 parties and parents calling their college professors to change their grades for them?  i think my problem with this whole case is not the DUI multiple manslaughter and maimings, but the fact that his defense LITERALLY was that he was too spoiled to know better.   

2013-12-14 11:40 AM
in reply to: mehaner

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Subject: RE: Affluenza

Originally posted by mehaner

setting aside the debate over the appropriateness of the sentencing in this particular case, what kind of precedence does the "spoiled rich kid" defense set for a generation raised on super sweet 16 parties and parents calling their college professors to change their grades for them?  i think my problem with this whole case is not the DUI multiple manslaughter and maimings, but the fact that his defense LITERALLY was that he was too spoiled to know better.   

You can raise any defense you want, he was still found guilty

2013-12-14 2:11 PM
in reply to: Left Brain

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Subject: RE: Affluenza
Originally posted by Left Brain

Originally posted by Aarondb4

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. 

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.



LB, I respect your experience as being a whole lot more thorough that nearly all of ours here, with regard to violent offenders.

I just have to add one more vote though, to the point of view that his act was incredibly violent. He was as violent as someone randomly shooting a firearm in public, while blindfolded.

The fact that this sentence is typical is a major reason why DWI is a joke in this country. It is not taken seriously, and it is a major source of preventable death. If this kid can't be held accountable, what is he doing with a driver's license in the first place?

You know those soft-on-crime socialist scandinavian countries we all make fun of for their nice jails? Well, get a DUI in Norway and see what happens. And the harsh penalties work: they have low rates.

But hey, this was Texas. If there's any place that's going to just out and out declare that if you have enough money, the rules don't apply to you, it may as well be Texas. It only works in Massachusetts if you're a Kennedy.


2013-12-14 5:51 PM
in reply to: #4912140

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Subject: RE: Affluenza
So it turns out that this same judge sentenced a 14 year old to prison time because he punched someone and they ended up dying from it.
2013-12-14 6:24 PM
in reply to: TheClaaaw

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Subject: RE: Affluenza
2013-12-15 8:16 AM
in reply to: TheClaaaw

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Subject: RE: Affluenza

If he had taken a gun from his parent's home and shot someone as a minor, wouldn't the parents be on trial as well?

Seriously, his parents are at fault.  Put them on trial.  Regardless of socio-economic status, the actions of a minor are the responsibility of the parents.

 

2013-12-15 10:57 AM
in reply to: JoshR

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Subject: RE: Affluenza

Originally posted by JoshR So it turns out that this same judge sentenced a 14 year old to prison time because he punched someone and they ended up dying from it.

Like I have said, intent is key with criminal cases and sentences.  You can make the argument that the person in your case didn't intend to kill anyone, the same as the court probably views the DWI case.....but our courts don't normally look at DWI deaths that way.  I'm not saying it's right or wrong, just pointing out how I've seen it go. 

 Also, I'd like to see a link or some documentation of where the 14 year old actually went...... I can't imagine he went to prison.  I know in my state you can't even be certified as an adult when you're 14......I can't imagine it's much different anywhere else.

 

 

2013-12-16 11:24 PM
in reply to: Left Brain

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Subject: RE: Affluenza
No outright suspension? Criminal Code up here has mandatory minimum fine of $1000 for Impaired along with 1 year of licence suspension ( those who'blow low can apply for interlock after 3-6 months). Anyone charged also is suspended pending disposition as well so those who take a vase to trial are looking at 18-24 months without a d/l. Not to mention the fact that we seize the cars operated by suspended drivers for either 30 or 60 days, that includes rentals, company vehicles, borrowed etc. One guy broke the news to the boss on speaker phone and we heard him get fired on the spot.


2013-12-17 5:27 AM
in reply to: simpsonbo

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Subject: RE: Affluenza

This whole thing is something at work we like to call a "Cluster *u%k".  That said, at some point as a society we will either learn to quit doing this(which I think is impossible) or technology will make it impossible for us to drive "drunk".  They are already developing cars that can tell if you are intoxicated enough to not be behind the wheel in the first place.  Also at some point in the next 20 years most cars will be computer driven anyways.  Nevada is a state where it's legal to have a computer controlled car now.  Albeit you still have to pay attention while zooming down the road.

 

At the end of the day I think the kid got a slap on the wrist due to daddy warbucks getting him off.  I really don't see his life being ruined at all.  He was screwed up to begin with and I highly doubt a life of psychiatric "cleansing" will do anything for him.  Just my .02

2013-12-17 6:19 AM
in reply to: Bevie

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Subject: RE: Affluenza

Well I just saw this. I was going to post up, then realized the thread title I didn't understand a few days ago.

The criminal defense... pure utter Bull S... Lawyers can come up with anything. 

My first response was if he does not know right or wrong, what an AWESOME learning opportunity for him to learn one... but in fact, no. 

Fact is, prison does absolutely nothing... except make all you guys that had nothing to do with it think he got a good sentence. 

There is no free lunch here at all. His life will never ever be the same. And he is on probation... he is screwed. If indeed he is just a rich brat... he will be back, and he will be gone. He will continue to get in trouble, and he will forever be a problem. HEY, if we are lucky... maybe it will all be too much and he will just off himself as many do from this. 

Fact is, either it will work out, or it won't. 

There was a documentary I saw once on PBS... the US has the highest number of juveniles sentenced to life without parole in the world. We actually signed onto a treaty that prohibits it, and still do it anyway. Lock them up and throw away the key. The rest of the world thinks that's barbaric when kids are involved. But hey, screw em right. That will serve notice to all the other 13 year olds to not murder people and they won't have to spend 70 years behind bars. Because 13 year olds have such a firm grasp on what 70 years is. These are kids. 

There are many cases where kids kill people driving, and them and the families find a way to heal. Those are the incredible stories. They go on to tell their story and try to make a difference. Who know if this kid will. 

 

As far as the idiots that raised him... now they should be punished. I'm sure there will be a civil suit... because they have so much money, and yes they should be relieved of it. But... that's the point...poor kids have horrible parents and they too have not had the teaching to know what is right... but hey,  just worthless thugs. There was some article that said if he was white and poor he would do prison, if he was rich and black, he would do prison, but if he was black and poor, he would be on death row. That isn't far off the mark. 

2013-12-17 9:34 AM
in reply to: powerman

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Subject: RE: Affluenza
Well what bugs people about the case is clearly the defense. It might have worked but does not mean the masses like that. Kinda like the stock trader who did a hit and run and they did not charge him with a felony because it would affect his job negatively and he has a lot of rich clients.

I will say for a party boy if he is not allowed to go to bars or sporting events or drink for 10 years well his college years is going to suck. Either that or he will just have to have people bail him out if he gets caught. According to the last defense he will have to be let off because even if he is on probation how can he ever be held to any actions?
2013-12-17 9:47 AM
in reply to: chirunner134

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Subject: RE: Affluenza

 

http://www.today.com/video/today/53836154#53836154

 

Did the defense attorney really just say the consequences are that he will not have his truck and his Xbox?????  and alcohol and drugs????

 

Wowwwwww, Mr. Defense Attorney, how did you convince a judge this was a good thing? I know nothing about the judge, but I wonder...

2013-12-17 10:55 AM
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Subject: RE: Affluenza

Originally posted by Left Brain

I think the "Affluenza" is pretty ridiculouos......but that sentence is pretty common for that crime....especially for young people.

On the other end of the spectrum, it leaves the "Pofluenza" defense in play I guess.

I agree...

This is hard for me to reconcile.  I believe the sentence seemed light on one hand.  4 people were killed.  But kids make mistakes.  This is probably the biggest "mistake" someone could make though.

I'm sure if I was the family, I would want the maximum sentence for some kind of "payback" but NOT in the family, I sort of agree with the ruling.

My personal sentence would have been something like a 20 year sentence with 2 years served until they are 18.  THEN probation and ONE TOE out of line, and in particular, ANY drinking offense, then they get the rest of the 20 years.  Directly to jail, don't pass go, don't collect 200 dollars.

 

The problem with DUI offenses is that someone could do the exact same thing and just run over a mailbox and no big deal.  But if 4 people were standing at the mailbox, then it all changes.  I guess you nail them for manslaughter, not really the drinking.



Edited by Kido 2013-12-17 10:56 AM


2013-12-17 10:58 AM
in reply to: Left Brain

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Subject: RE: Affluenza

 

Originally posted by Left Brain

Originally posted by dmiller5

All the affluenze BS aside, it is still a minor who did something incredibly stupid. Assuming he has a clean record before this, the punishment seems to fit the crime far better than "never seeing the light of day again"

Also to the families that are outraged over the sentence, destroying someone else's life won't bring back the lives of your loved ones.

I agree 100%.

me 2

2013-12-17 11:10 AM
in reply to: JoshR

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Subject: RE: Affluenza

Originally posted by JoshR
Originally posted by dmbfan4life20 I also think its important to try and understand what might be going on through the kids mind right now too. How would you feel if you killed 4 people but never intended to do it? You would have to live with that guilt your entire life and I have seen people who have dealt with that guilt before and it eats at them for the rest of their lives. The lives of the suspect, his family and the victims families will be forever changed and intertwined and nothing will be able to change that. While I am usually very PRO incarceration for DUI offenses because I don't think there is ever an excuse to D&D, I can see why the judge did what he did. Also, Juvenile laws are different in every state and I don't know how Texas handles these types of cases for juveniles.
If you get behind the wheel of a vehicle and you are 3x the legal limit, you can't say "but I didn't intend to kill them".

This is a creative type of statement that makes impressions, but it's far from true.

Honestly, you thought he MEANT to do it?  This was premeditated?  If you could have stopped him just before he pulled away and said "you are going to kill 4 people in minutes, is that what you want?" he would say "YES"?

Is it completely stupid, irresponsible, and ignorant decision to drive 3x over the limit?  Of course, but I saying he didn't intend to kill them is a true statement.

Many people do absolutely stupid things.  Play with guns, or electricity, or what have you (ever see 1000 ways to die?)  I'm sure none of them "meant" to kill themselves or others, but made some of the poorest judgment calls possible.

2013-12-17 1:50 PM
in reply to: Kido

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Subject: RE: Affluenza
2013-12-17 1:58 PM
in reply to: mr2tony

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Subject: RE: Affluenza

I'll see your 10 year sentence and raise you another probation.....

 

http://www.galesburg.com/article/20131205/NEWS/131209878

 

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