Rich kid's successful defense in DUI deaths:'Affluenza'(jacksonville.com)
jacksonville.com
Rich kid's successful defense in DUI deaths:'Affluenza'
http://jacksonville.com/breaking-news/2013-12-11/story/affluenza-defense-works-rich-teen-gets-probation-after-killing-4
9 comments
Thank you for the added context.
Sadly, it appears that DUI is treated rather lightly in Florida, it's not just in cases of juveniles.
For example:
[1]Person driving with BAC greater than twice the legal limit kills a pedestrian. They got 1 year house arrest and then probation.
[1]http://www.orlandosentinel.com/news/local/pedestrian-deaths-...
As long as the juveniles aren't black, then they get tried as adults.
His therapy is already off to a great start - the judge letting him suffer virtually no consequences for quadruple manslaughter will surely convince him that the belief that he can get away with anything is misguided.
To be taken with a grain of salt, but I read some local newspaper comments, including some from people who know the family/business state that not only that, but the level of remorse shown was approaching zero. Or to quote the commenter I read, "His IDGAF levels were pretty high. He still posts on Facebook about partying and drinking, it's just much more locked down privacy-wise".
It will be interesting to see the civil suits. The parents apparently argued that their son had no sense of personal accountability because they'd always given him anything he wanted and never told him no. When damages start being calculated for the victims and their families, there's a pretty good argument that it's not safe to leave the parents with any money.
My thoughts were similar: if the parenting is assigned most of the blame, maybe the parents should be serving the jail term? (I'd hate that as a general precedent – even good parents can yield a criminal child – but if in this case the parents have effectively embraced that culpability...)
Perhaps civil suits, leveraging the criminal case argumentation, can approximate that outcome.
Perhaps civil suits, leveraging the criminal case argumentation, can approximate that outcome.
I'd love that as a general precedent. Either the kid is tried as an adult, or the parents are tried in their place. It should be the parents' job to protect society from their children.
There's basically a separate system of justice in most countries for anyone with a net worth of 8 figures or more. He literally got away with murder.
Well, manslaughter. I can't find anything that points to him intentionally hitting and killing those people.
This reminds me of:
http://www.snopes.com/politics/bush/laura.aspIf he was black he would spent 2 years in juvi then shipped off to life in prison.
How can a community go on after this.
How can a community go on after this.
Alright proletarians, back to work. Nothing to see here. And file your taxes on time this year!!
[deleted]
Because of the severity of the charged offense, the prosecutors in this case asked for, and apparently were within the scope of juvenile court rules to ask for, hard prison time if the juvenile defendant was found delinquent. But, yes, in this case the defense lawyers, who were no doubt expensive specialist defense lawyers, came up with a defense that convinced the judge to order a less harsh disposition for the case. A news report I saw[1] included this report about what a defense lawyer said after the case decision:
"'There is nothing the judge could have done to lessen the suffering for any of those families,' said defense attorney Scott Brown, CNN affiliate KTVT reported.
'(The judge) fashioned a sentence that is going to keep Ethan under the thumb of the justice system for the next 10 years,' he said. 'And if Ethan doesn't do what he's supposed to do, if he has one misstep at all, then this judge, or an adult judge when he's transferred, can then incarcerate him.'"
So it could be that the boy will still do prison time (which I personally think would be more just than the treatment disposition he has received so far). Some of the facts in another report about the case[2] are really stark. This boy was a disaster waiting to happen in his earlier behavior, and his parents appeared not to do much about that. That's just wrong. But the prosecutors had their one chance at trial to ask for a tougher sentence on the boy, and the trial court decision now cannot be undone to allow them to ask for a second trial to get tougher punishment. Nor can the parents be tried for anything under usual principles of United States law in this case.
[1] http://edition.cnn.com/2013/12/11/us/texas-teen-dwi-wreck/
[2] http://www.wfaa.com/news/crime/Defense-pushes-for-intensive-...