Affluenza

Who Princess

mickeyrat wrote:

if called before a judicial review board , she wouldnt have to answer to that?

I suppose she would but I'm no legal expert. I'm also not sure who would file the complaint. I know that the prosecution was very upset by the verdict. Really, I don't think anyone expected it to go the way it did.

BTW prior to sentencing the kid has been staying at an adolescent rehab facility that costs just under $500K a year. That's where he'll be spending the first year or two of his probation.

PJ1973

mickeyrat wrote:

if called before a judicial review board , she wouldnt have to answer to that?

Probably not. I don't know Texas law but I haven't heard any commentary that says what the Judge did was illegal or not in line with the State's sentencing guidelines. So she hasn't done anything wrong by the law which is why a judge would usually go to a review board.

In a way that's good or else otherwise people would report judges all the time to review boards because they didn't like the decisions the judges reached.

I work in the court system (public defender) and I can tell you this is not typical. I've used the opposite argument often - my client is too poor/stupid/incompetent to know what he did, cut him a break. Unsurprisingly, I've never gotten this type of result. Ever.

gimmesometruth27

this is a crock of shit.

this kid killed 4 people. who is going to serve the time for that crime?

10 years probation??

10 years of staying out of trouble, in exchange for 4 lives. does not come close to adding up...

:evil: :evil:

mickeyrat

gimmesometruth27 wrote:

this is a crock of shit.

this kid killed 4 people. who is going to serve the time for that crime?

10 years probation??

10 years of staying out of trouble, in exchange for 4 lives. does not come close to adding up...

:evil: :evil:

this assuming kid will be an angel in this time. At 16 I was pretty much set until I decided in my late 30 something had to change.

He WILL violate. The only question is , is when and how long will he really sit in prison.

EdsonNascimento

This is pretty ridiculous.

As for the defense - of course he's a product of his up bringing. That's like saying someone who murders is insane. Of course they are, but that doesn't make it a valid defense.

Interestingly, the victims families seem to be way more level headed than in most cases that are not nearly as egregious, and I agree with the person who wrote that the civil suits should be quick and large (and I too think our society is way too litigious).

Who Princess

EdsonNascimento wrote:

Interestingly, the victims families seem to be way more level headed than in most cases that are not nearly as egregious, and I agree with the person who wrote that the civil suits should be quick and large (and I too think our society is way too litigious).

As I posted above, all the of the victims' families filed civil suits fairly quickly after the accident. That included not only the families of those who died but also the 2 friends who were riding in the bed of the kid's pickup. One of his friends suffered serious internal injuries, the other is completely paralyzed and can only communicate by blinking his eyelids. This kid left an unbelievable trail of damage.

His parents insurance will probably take care of the civil suits, depending on the policies limitations. The victims' families were prudent enough to sue both the parents and the father's business because the truck involved in the accident belonged to the business. Dad is also picking up the tab for the cushy rehab facility in California. So the accident will affect his pocketbook but who's to say how much.

Beyond the ridiculousness of the sentence, I'm disgusted that neither the teen nor his parents have shown any remorse or compassion for the people who's lives have been upended.

gimmesometruth27

mickeyrat wrote:

gimmesometruth27 wrote:

this is a crock of shit.

this kid killed 4 people. who is going to serve the time for that crime?

10 years probation??

10 years of staying out of trouble, in exchange for 4 lives. does not come close to adding up...

:evil: :evil:

this assuming kid will be an angel in this time. At 16 I was pretty much set until I decided in my late 30 something had to change.

He WILL violate. The only question is , is when and how long will he really sit in prison.

3 years ago, i got a dui and i had more of a punishment than this asshole. i did not wreck or injure or kill anyone. i had a clean driving record at the time, i had been driving for 19 years at the time and i had no wrecks and no tickets. i got an attorney and i was still facing 7 days of "shock time" in county jail, loss of license for a year, and thousands of dollars in fines just for blowing over a .12 and going 9 mph over the speed limit.

this kid KILLED 4 PEOPLE, and he got PROBATION!!!

what a fucking joke this is!!

mickeyrat

gimmesometruth27 wrote:

mickeyrat wrote:

gimmesometruth27 wrote:

this is a crock of shit.

this kid killed 4 people. who is going to serve the time for that crime?

10 years probation??

10 years of staying out of trouble, in exchange for 4 lives. does not come close to adding up...

:evil: :evil:

this assuming kid will be an angel in this time. At 16 I was pretty much set until I decided in my late 30 something had to change.

He WILL violate. The only question is , is when and how long will he really sit in prison.

3 years ago, i got a dui and i had more of a punishment than this asshole. i did not wreck or injure or kill anyone. i had a clean driving record at the time, i had been driving for 19 years at the time and i had no wrecks and no tickets. i got an attorney and i was still facing 7 days of "shock time" in county jail, loss of license for a year, and thousands of dollars in fines just for blowing over a .12 and going 9 mph over the speed limit.

this kid KILLED 4 PEOPLE, and he got PROBATION!!!

what a fucking joke this is!!

I absolutely agree Gimme. However as I said, he will be in prison behind his failure to adhere to his protocols with PO. This is justice delayed. I further agree that 10 years is too little for a start. Maybe 10 years for each count.

Now the question is did he get charged with everything that he could have? Such as the injured people too? I know so very little facts of the trial.

Who Princess

mickeyrat wrote:

gimmesometruth27 wrote:

3 years ago, i got a dui and i had more of a punishment than this asshole. i did not wreck or injure or kill anyone. i had a clean driving record at the time, i had been driving for 19 years at the time and i had no wrecks and no tickets. i got an attorney and i was still facing 7 days of "shock time" in county jail, loss of license for a year, and thousands of dollars in fines just for blowing over a .12 and going 9 mph over the speed limit.

this kid KILLED 4 PEOPLE, and he got PROBATION!!!

what a fucking joke this is!!

I absolutely agree Gimme. However as I said, he will be in prison behind his failure to adhere to his protocols with PO. This is justice delayed. I further agree that 10 years is too little for a start. Maybe 10 years for each count.

Now the question is did he get charged with everything that he could have? Such as the injured people too? I know so very little facts of the trial.

He was charged with all possible offenses. Because he was charged as a juvenile, the maximum sentence (which the prosecutors asked for) was 20 years. They didn't expect him to get 20 years but did expect him to get some jail time.

I don't know why he was charged as a juvenile and not as an adult. Since there's no criteria or system for it, I think some kids get charged as adults because of the sensational nature of their crime and not because of their apparent "maturity" or whatever. You'd think that would apply here though. As details of the accident were reported during the trial, I've got to say that it was absolutely horrible. I don't know how Mr. Boyles can still live in his house after finding his wife and daughter dead in the front yard. He had been outside with them until a few minutes before the wreck and was inside his house when it happened. Heartbreaking.

backseatLover12

Who Princess wrote:

Beyond the ridiculousness of the sentence, I'm disgusted that neither the teen nor his parents have shown any remorse or compassion for the people who's lives have been upended.

Because they paid the judge off, maybe? To the affluent, money and politics solves any problem...

Hugh Freaking Dillon

there are so many bratty kids that don't murder people with booze and cars. bad parenting doesn't warrant jail time, in my opinion. the kid is still an individual with the freedom of his own thoughts and choices.

the kid should have been locked up forever. that many dead warrants his life behind bars. no parole.

Last-12-Exit

Hugh Freaking Dillon wrote:

there are so many bratty kids that don't murder people with booze and cars. bad parenting doesn't warrant jail time, in my opinion. the kid is still an individual with the freedom of his own thoughts and choices.

the kid should have been locked up forever. that many dead warrants his life behind bars. no parole.

bad parenting doesn't warrant jail time. but if this so called affluenza is a legitimate "illness" and that is how this kid got probation, then the parents should hold responsibility and spend time in jail.

lukin2006

Hugh Freaking Dillon wrote:

there are so many bratty kids that don't murder people with booze and cars. bad parenting doesn't warrant jail time, in my opinion. the kid is still an individual with the freedom of his own thoughts and choices.

the kid should have been locked up forever. that many dead warrants his life behind bars. no parole.

Agree ... This sentence is just sickening.

63schoefflin

polaris_x wrote:

Last-12-Exit wrote:

the same judge sentenced a 14 yr old black kid that killed one person in a DUI crash 10 years. Not 10 years probation, 10 years of incarceration.

WHAT!??

:evil: :evil:

Good.... that's how it should be. I can't believe this kid isn't already locked away, what a joke. Although his and his family's lives will most likely be ruined because none of their friends will support them.

mickeyrat

63schoefflin wrote:

polaris_x wrote:

Last-12-Exit wrote:

the same judge sentenced a 14 yr old black kid that killed one person in a DUI crash 10 years. Not 10 years probation, 10 years of incarceration.

WHAT!??

:evil: :evil:

Good.... that's how it should be. I can't believe this kid isn't already locked away, what a joke. Although his and his family's lives will most likely be ruined because none of their friends will support them.

who exactly are you talking about?
The black kid?
Or whitey with money that gives less than 2 shits about others? You know the one who KILLED FOUR people? Injured 7 I think? Shit, paralyzed one of his friends!!

The point above was the disparity in dispensed "justice" . Same Judge, two vastly different outcomes and the lesser of the two caused far more harm and destruction.

Thirty Bills Unpaid

Sorry to think contrary to the due process people who (wisely) have been silent so far in this thread...

but if I'm the dad (of the victims), it's very likely I'm entertaining things that should not be entertained.

The spoiled little shit should have received the maximum afforded by law. The parents are obviously douches, but their crime here is bad parenting- they are not legally accountable in this case. They should look at the tops of their shoes when they pass by people in their community given the degree of their failures though.

The joke of a judge should be audited for her discrepancies with regards to sentencing. Her title and pension should be stripped from her if it is found she acted with bias in a title that can afford none. The baboon should not come out of this unscathed.

What a disgrace.

Over 25 years ago, my best friend was killed by a drunk guy driving who already had 3 previous impaired charges- and held no license because so. I get so fucking angry at people that think the justice system actually serves 'justice'. A massive overhaul needs to occur in my lame country so that criminals are treated like criminals and not 'misunderstood poor souls' the fucking bleeding hearts claim them to be and advocate so vociferously for.

"The guy has learned from his mistakes and paid for them!" Yah. Sure. Tell Gerry that. Fucking weaklings.

63schoefflin

Thirty Bills Unpaid wrote:

Sorry to think contrary to the due process people who (wisely) have been silent so far in this thread...

but if I'm the dad (of the victims), it's very likely I'm entertaining things that should not be entertained.

The spoiled little shit should have received the maximum afforded by law. The parents are obviously douches, but their crime here is bad parenting- they are not legally accountable in this case. They should look at the tops of their shoes when they pass by people in their community given the degree of their failures though.

The joke of a judge should be audited for her discrepancies with regards to sentencing. Her title and pension should be stripped from her if it is found she acted with bias in a title that can afford none. The baboon should not come out of this unscathed.

What a disgrace.

Over 25 years ago, my best friend was killed by a drunk guy driving who already had 3 previous impaired charges- and held no license because so. I get so fucking angry at people that think the justice system actually serves 'justice'. A massive overhaul needs to occur in my lame country so that criminals are treated like criminals and not 'misunderstood poor souls' the fucking bleeding hearts claim them to be and advocate so vociferously for.

"The guy has learned from his mistakes and paid for them!" Yah. Sure. Tell Gerry that. Fucking weaklings.

Said it perfectly. You hear about all these people who have 3 or 4 DUI's and are still on the road...it blows my mind. Sure the parents are cocks but they can't and shouldn't see jail time. The kid though....eff 'em. People need to understand that actions have consequences. At least he has this on his conscience until the day he gets ssmashed by a bus going 60 mph's

Last-12-Exit

criminals being treated like criminals? Not in America friend. They are mentally sick people that not only need rehabilitated, but also, educated because they werent taught that murdering people isn't socially acceptable. (unless your drinking and driving of course.)

***sarcasm***

gimmesometruth27

mickeyrat wrote:

I absolutely agree Gimme. However as I said, he will be in prison behind his failure to adhere to his protocols with PO. This is justice delayed. I further agree that 10 years is too little for a start. Maybe 10 years for each count.

Now the question is did he get charged with everything that he could have? Such as the injured people too? I know so very little facts of the trial.

yeah man you are probably right. i spent some time thinking about this. 10 years of probation at age 16 is actually justice delayed. this kid is going to get into some kind of trouble. he can't even drink legally for another 5 years, and everyone knows, when you drink there is always a chance of getting in trouble. especially if you are underage.

this kid will eventually get a little time, but nothing like what he deserves for this crime.

Who Princess

http://www.nytimes.com/2013/12/14/us/te ... ?ref=texas

Teenager’s Sentence in Fatal Drunken-Driving Case Stirs ‘Affluenza’ Debate
By MANNY FERNANDEZ and JOHN SCHWARTZ
Published: December 13, 2013

HOUSTON — Wealth has never had a stigma in the affluent suburbs of Fort Worth, where the town of Westlake landed, to no one’s surprise, on Forbes’ list of America’s most affluent neighborhoods last year with a median income of $250,000.

But in recent days, the implications of being rich have set off an emotional, angry debate that has stretched far beyond the North Texas suburbs, after a juvenile court judge sentenced a 16-year-old from a well-off family to 10 years’ probation for killing four people in a drunken-driving crash.

The judge, Jean Boyd, on Tuesday declined to give the teenager, Ethan Couch, the punishment sought by Tarrant County prosecutors — 20 years in prison — and instead ordered him to be placed in a long-term treatment facility while on probation. Judge Boyd did not discuss her reasoning for her order, but it came after a psychologist called by the defense argued that Mr. Couch should not be sent to prison because he suffered from “affluenza” — a term that dates at least to the 1980s to describe the psychological problems that can afflict children of privilege.

Prosecutors said they had never heard of a case where the defense tried to blame a young man’s conduct on the parents’ wealth. And the use of the term and the judge’s sentence have outraged the families of those Mr. Couch killed and injured, as well as victim rights advocates who questioned whether a teenager from a low-income family would have received as lenient a penalty.

“We are disappointed by the punishment assessed, but have no power under the law to change or overturn it,” one of the prosecutors, Richard Alpert, said in a statement.

But despite the national attention the case has received — “Being rich is now a get-out-of-jail-free card,” read a headline at TheWeek.com — the role that the wealth of Mr. Couch’s family played in his sentence, and whether the judge had in any way been influenced by the psychologist’s testimony, remained unclear.

Criminal defense lawyers said it was not uncommon for minors involved in serious drunken-driving cases and other crimes to receive probation instead of prison time, even in a tough-on-crime region such as North Texas. Other experts said it was part of a growing trend of giving a young person a second chance through rehabilitation instead of trying him as an adult.

Liz Ryan, the president and chief executive of the Campaign for Youth Justice, a group in Washington that advocates for juvenile rehabilitation, said that in a series of recent cases before the Supreme Court and state courts, advances in neuroscience have been applied to questions of crime and punishment for young people.

“They make mistakes, they’re prone to impulsive behavior,” Ms. Ryan said. “And at the same time, they are capable of change.”

But a prominent advocate for victims’ rights reacted to the sentence with scorn. “Just when you think our excuse-making culture has sunk as low as it can go, somebody goes yet lower,” said Kent Scheidegger, the legal director of the Criminal Justice Legal Foundation in Sacramento.

Scott Brown, Mr. Couch’s lawyer, said that while the word affluenza may have become an object of fascination, it was never at the heart of the case. His client had already pleaded guilty, and the word came up in hearings on punishment. “I never used the word affluenza, and never would have used such a cute word in such a serious, tragic case,” Mr. Brown said. “That’s just been blown completely out of proportion.”

Mr. Couch’s parents, Fred and Tonya Couch, own homes in Fort Worth and the nearby suburb of Burleson, where the crash occurred. Fred Couch runs a sheet-metal company. On the night of June 15, Ethan Couch and several friends stole beer from a Walmart and went to his parents’ Burleson home to have a party. Later, he and seven others crowded into the pickup truck owned by his father’s company to go to a store.

Prosecutors said Mr. Couch swerved off Burleson-Retta Road, killing four pedestrians: Breanna Mitchell; Hollie Boyles and her daughter Shelby, 21; and Brian Jennings. Tests showed that Mr. Couch had a blood-alcohol level of 0.24, three times the legal limit for drivers.

Hollie and Shelby Boyles had left their house that night to assist Ms. Mitchell, a stranger whose car had broken down. “I’m sure the judge is doing what she thinks is probably right for Ethan’s rehabilitation,” said Eric Boyles, Shelby’s father and Hollie’s husband. “But from the victims’ standpoint, she underestimated the impact. Words can’t describe how disappointed I am in terms of how the judicial system works.”

Two teenagers riding in the bed of the pickup were thrown from the vehicle. One of them, Sergio Molina, 15, suffered a severe brain injury and remains in a minimally responsive state. His family filed a suit against Mr. Couch, his parents and his father’s company.

Bill Berenson, a lawyer for Mr. Molina’s parents, said his clients were stunned by the sentence. “Their son is paralyzed, four people are dead and the perpetrator gets his wrists slapped,” he said. “How could they not feel that his affluence kept him from serving time?”