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Outrage over 'affluenza' defense
After a Texas teen from a wealthy family avoided jail time, many are wondering whether the case has set a precedent for “affluenza,” the affliction a psychologist cited in the trial.
A psychologist testified that 16-year-old Ethan Couch, charged in the deaths of four pedestrians while driving drunk, suffered from the condition in which children -- generally from richer families -- have a sense of entitlement, are irresponsible, and make excuses for poor behavior because parents have not set proper boundaries.
A judge gave the teen 10 years of probation for the fatal accident. Prosecutors were seeking the maximum 20-year prison sentence.
Details of the sentence have gone viral, with experts offering conflicting views on whether more “affluenza” defenses will be mounted in the future.
“Unfortunately, given the fact that this was successful, it’s more likely that more attorneys are going to pick it up and wave it as their banner,” said Gary Buffone, a Jacksonville, Fla., psychologist who does family wealth advising.
The term “affluenza” was popularized in the late 1990s by Jessie O’Neill, the granddaughter of a past president of General Motors, when she wrote the book The Golden Ghetto: The Psychology of Affluence.
Buffone said the affliction is not a recognized diagnosis but a popular term that should not justify bad behavior. It is typically mentioned when children from rich families do things such as fail classes, skip school and abuse drugs or alcohol, he said. “Spoiled brats -- that is the common term that’s used.”
Judges likely won’t buy “affluenza” defenses after the outrage over Couch’s sentence, said Areva Martin, a Los Angeles-based attorney. “I don’t think it’s going to have legs legally,” she said. “I just don’t believe wholesale judges are going to start letting wealthy kids who murder people go off to expensive rehab facilities in lieu of jail time.”
Couch’s sentence could send send a dangerous message that would only reinforce bad behavior by allowing others to get away with crimes and avoid further consequences for their actions, Martin said.
She argued that if future “affluenza” defenses became successful, lawmakers would face public pressure to pass legislation stopping such practices.
Daniel Filler, a law professor at Drexel University who specializes in juvenile law, agrees. He said he doubts a savvy lawyer would use the term to argue for a client after the Texas case gained so much attention.
“The real truth is that our criminal justice system is suffering from ‘affluenza’ because affluent people can afford better attorneys and better get better outcomes,” Filler said.
Still, children spoiled by wealthy parents can be victims, said Ben Agger, director of the Center for Theory at The University of Texas at Arlington. “It’s hard for us to accept that because he killed people and he is getting off,” he said. “Ultimately adults are responsible both as role models and parents who turn a blind eye to their children’s reckless behavior.”
http://www.greenvilleonline.com/article/20131217/NEWS08/312170028/Outrage-over-affluenza-defense
A psychologist testified that 16-year-old Ethan Couch, charged in the deaths of four pedestrians while driving drunk, suffered from the condition in which children -- generally from richer families -- have a sense of entitlement, are irresponsible, and make excuses for poor behavior because parents have not set proper boundaries.
A judge gave the teen 10 years of probation for the fatal accident. Prosecutors were seeking the maximum 20-year prison sentence.
Details of the sentence have gone viral, with experts offering conflicting views on whether more “affluenza” defenses will be mounted in the future.
“Unfortunately, given the fact that this was successful, it’s more likely that more attorneys are going to pick it up and wave it as their banner,” said Gary Buffone, a Jacksonville, Fla., psychologist who does family wealth advising.
The term “affluenza” was popularized in the late 1990s by Jessie O’Neill, the granddaughter of a past president of General Motors, when she wrote the book The Golden Ghetto: The Psychology of Affluence.
Buffone said the affliction is not a recognized diagnosis but a popular term that should not justify bad behavior. It is typically mentioned when children from rich families do things such as fail classes, skip school and abuse drugs or alcohol, he said. “Spoiled brats -- that is the common term that’s used.”
Judges likely won’t buy “affluenza” defenses after the outrage over Couch’s sentence, said Areva Martin, a Los Angeles-based attorney. “I don’t think it’s going to have legs legally,” she said. “I just don’t believe wholesale judges are going to start letting wealthy kids who murder people go off to expensive rehab facilities in lieu of jail time.”
Couch’s sentence could send send a dangerous message that would only reinforce bad behavior by allowing others to get away with crimes and avoid further consequences for their actions, Martin said.
She argued that if future “affluenza” defenses became successful, lawmakers would face public pressure to pass legislation stopping such practices.
Daniel Filler, a law professor at Drexel University who specializes in juvenile law, agrees. He said he doubts a savvy lawyer would use the term to argue for a client after the Texas case gained so much attention.
“The real truth is that our criminal justice system is suffering from ‘affluenza’ because affluent people can afford better attorneys and better get better outcomes,” Filler said.
Still, children spoiled by wealthy parents can be victims, said Ben Agger, director of the Center for Theory at The University of Texas at Arlington. “It’s hard for us to accept that because he killed people and he is getting off,” he said. “Ultimately adults are responsible both as role models and parents who turn a blind eye to their children’s reckless behavior.”
http://www.greenvilleonline.com/article/20131217/NEWS08/312170028/Outrage-over-affluenza-defense
Sadly this was just highlighted again yesterday when the pres pardoned 8 people who had been given life sentences for cocaine, one which was a first offense, another where a girl hid her boyfriends stash in her house and so on. Yet, our dear Representative called Radel here in florida just got a year probation for not only using it but purchasing with intent to sell. He is still a rep in florida where it is considered a felony. Ridiculous.
Sadly this is nothing new. Often justice seems to only apply to those that can afford the high profile lawyers and the experts to mount the amazing defense. There are different rules for high and low income - it's just the way it is.
Which simply points out how totally unfair this situation is. That pretty much clarifies the whole thing.
Right.
We know that if a black kid even sneezed too loud near a cop in Texas he'd be arrested.
We know that if a black kid even sneezed too loud near a cop in Texas he'd be arrested.
Everyone should be upset with this....
So by these standards, then the 15 year old black poverty stricken kid gets a light sentence too? Because his parents raised him poor with no structure?
The more I read about this case, the more disturbing it becomes:
Youth pastor Brian Jennings; mother and daughter Hollie and Shelby Boyles; and 24-year-old Breanna Mitchell died in the June 15 accident.
Mitchell's car had broken down that night and the Boyles, who lived nearby came out to help. Jennings was passing by and stopped to help as well.
Couch had a blood alcohol reading of .24 and also had a Valium in his system after he and a group of friends stole alcohol from Walmart, drank it and then seven of them jumped in his truck.
These four lives have to be worth something. basically because his family is rich the judge is sayign it's ok.
Couch was 50km/h over the speed limit when he struck and killed the four pedestrians as well as injuring two of his own passengers who remain paralysed.
One of Couch's passengers, Sergio Molina, now communicates by blinking his eyes.
Molina's parents are suing Couch and his family for up to $20 million.
Couch's truck flipped in the air and crashed into a tree, while the impact flung the four pedestrians 50 metres. None of the teens were wearing seatbelts.
Youth pastor Brian Jennings; mother and daughter Hollie and Shelby Boyles; and 24-year-old Breanna Mitchell died in the June 15 accident.
Mitchell's car had broken down that night and the Boyles, who lived nearby came out to help. Jennings was passing by and stopped to help as well.
Couch had a blood alcohol reading of .24 and also had a Valium in his system after he and a group of friends stole alcohol from Walmart, drank it and then seven of them jumped in his truck.
These four lives have to be worth something. basically because his family is rich the judge is sayign it's ok.
Couch was 50km/h over the speed limit when he struck and killed the four pedestrians as well as injuring two of his own passengers who remain paralysed.
One of Couch's passengers, Sergio Molina, now communicates by blinking his eyes.
Molina's parents are suing Couch and his family for up to $20 million.
Couch's truck flipped in the air and crashed into a tree, while the impact flung the four pedestrians 50 metres. None of the teens were wearing seatbelts.
There's a lot of outrage about a 16 year old drunk driver who also had Valium in his system, being let off by the judge. Obviously if your parents are rich enough the rules don't apply to you.
Here are two petitions urging justice for the 4 dead victims of this spoiled teenager.
https://www.change.org/petitions/governor-rick-perry-take-judge-jean-boyd-off-the-bench#supporters
He's rich so he got away with murder. Many families were destroyed from this individuals actions. He killed 4 people, he needs to do the time.
http://petitions.moveon.org/sign/jail-ethan-couch
Governor Rick Perry: Take Judge Jean Boyd off the Bench
Judge Boyd gave a child probabtion for Killing four people while driving drunk an with Valiums in his system.
Prior to sentencing, a psychologist called by the defense, Dr. G. **** Miller, testified that Couch's life could be salvaged with one to two years' treatment and no contact with his parents.
Investigators said Couch was driving a pickup truck between 68 and 70 miles-per-hour in a 40 mph zone. The four who died were standing on the side of the road outside their vehicle. Nine others were hurt.
Miller said Couch's parents gave him "freedoms no young person should have." He called Couch a product of "affluenza," where his family felt that wealth bought privilege and there was no rational link between behavior and consequences.
He said Couch got whatever he wanted. As an example, Miller said Couch's parents gave no punishment after police ticketed the then-15-year-old when he was found in a parked pickup with a passed out, undressed 14-year-old girl.
Miller also pointed out that Couch was allowed to drive at 13. He said the teen was emotionally flat and needed years of therapy. At the time of the fatal wreck, Couch had a blood alcohol content of .24, said Tarrant County Sheriff Dee Anderson. It is illegal for a minor to drive with any amount of alcohol in his or her system.
Judge Boyd could have sentenced Couch to up to 20 years.
Defense attorneys asked that he be sent to a small, private home in California which offers intensive one-on-one therapy. They said Couch's father would pay the entire $450,000 price tag.
Prosecutors pointed out that the juvenile justice system also offers counseling.
Here are two petitions urging justice for the 4 dead victims of this spoiled teenager.
https://www.change.org/petitions/governor-rick-perry-take-judge-jean-boyd-off-the-bench#supporters
He's rich so he got away with murder. Many families were destroyed from this individuals actions. He killed 4 people, he needs to do the time.
http://petitions.moveon.org/sign/jail-ethan-couch
Governor Rick Perry: Take Judge Jean Boyd off the Bench
Judge Boyd gave a child probabtion for Killing four people while driving drunk an with Valiums in his system.
Prior to sentencing, a psychologist called by the defense, Dr. G. **** Miller, testified that Couch's life could be salvaged with one to two years' treatment and no contact with his parents.
Investigators said Couch was driving a pickup truck between 68 and 70 miles-per-hour in a 40 mph zone. The four who died were standing on the side of the road outside their vehicle. Nine others were hurt.
Miller said Couch's parents gave him "freedoms no young person should have." He called Couch a product of "affluenza," where his family felt that wealth bought privilege and there was no rational link between behavior and consequences.
He said Couch got whatever he wanted. As an example, Miller said Couch's parents gave no punishment after police ticketed the then-15-year-old when he was found in a parked pickup with a passed out, undressed 14-year-old girl.
Miller also pointed out that Couch was allowed to drive at 13. He said the teen was emotionally flat and needed years of therapy. At the time of the fatal wreck, Couch had a blood alcohol content of .24, said Tarrant County Sheriff Dee Anderson. It is illegal for a minor to drive with any amount of alcohol in his or her system.
Judge Boyd could have sentenced Couch to up to 20 years.
Defense attorneys asked that he be sent to a small, private home in California which offers intensive one-on-one therapy. They said Couch's father would pay the entire $450,000 price tag.
Prosecutors pointed out that the juvenile justice system also offers counseling.
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