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

by RokStdy • 13 years ago

17 16 13 years ago

jacksonville.com

RokStdy2• 13 years ago

More Detail: http://www.orlandosentinel.com/features/blogs/gone-viral/os-...

xacaxulu2• 13 years ago

Alright proletarians, back to work. Nothing to see here. And file your taxes on time this year!!

pliny• 13 years ago

Is there any doubt the judge was paid off? No sane person could make an argument that a serial criminal, a serial killer, should not face consequences for his actions because he didn't face any in the past.

Pinckney• 13 years ago

a serial killer

He's merely a parallel killer.

beedogs• 13 years ago

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.

alfiejohn_• 13 years ago

This reminds me of:

  http://www.snopes.com/politics/bush/laura.asp

DavidBradbury• 13 years ago

Well, manslaughter. I can't find anything that points to him intentionally hitting and killing those people.

knodi• 13 years ago

If 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.

krajzeg• 13 years ago

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.

FireBeyond• 13 years ago

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".

cookingrobot2• 13 years ago

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.

gojomo• 13 years ago

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.

cookingrobot2• 13 years ago

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.

tokenadult• 13 years ago

This is a consequence of the significantly different treatment defendants receive if they are classified as "juveniles" (that is, not adults). Yes, drunken driving that results in the deaths of pedestrians is usually a criminal offense, all over the world. However, in many places, and for sure in every state of the United States, a minor who commits a criminal act will not be put on trial in the adult court system, but rather in a special juvenile court with different rules and different outcomes for a case. The usual outcome of a juvenile court case is court supervision to try to help the juvenile grow up to be an adult who won't commit crimes. That is the disposition that was ordered in this case.

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-...

xacaxulu2• 13 years ago

As long as the juveniles aren't black, then they get tried as adults.

RokStdy2• 13 years ago

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-...

Rich kid's successful defense in DUI deaths:'Affluenza'

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