Friday, December 13, 2013

Rich teen gets probabation with "affluenza" defense

I understand that people are affected by damaging conditions during their childhood. The problem with this case is the enormous difference between the way rich and poor are treated. If bad childhood conditions are "not an excuse" for bad actions, they shouldn't be an excuse for the rich. I would like to know how this judge has ruled on similar cases involving poor people.

http://abclocal.go.com/wls/story?section=news/national_world&id=9359010

December 13, 2013

''Affluenza,'' the affliction cited by a psychologist to argue that a North Texas teenager from a wealthy family should not be sent to prison for killing four pedestrians while driving drunk, is not a recognized diagnosis and should not be used to justify bad behavior, experts said Thursday.

A judge's decision to give 16-year-old Ethan Couch 10 years of probation for the fatal accident sparked outrage from relatives of those killed and has led to questions about the defense strategy. A psychologist testified in Couch's trial in a Fort Worth juvenile court that as a result of "affluenza," the boy should not receive the maximum 20-year prison sentence prosecutors were seeking.

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." It's since been used to describe a condition in which children - generally from richer families - have a sense of entitlement, are irresponsible, make excuses for poor behavior, and sometimes dabble in drugs and alcohol, explained Dr. Gary Buffone, a Jacksonville, Fla., psychologist who does family wealth advising.

But Buffone said in a telephone interview Thursday that the term wasn't meant to be used as a defense in a criminal trial or to justify such behavior.

"The simple term would be spoiled brat," he said.

"Essentially what he (the judge) has done is slapped this child on the wrist for what is obviously a very serious offense which he would be responsible for in any other situation," Buffone said. "The defense is laughable, the disposition is horrifying ... not only haven't the parents set any consequences, but it's being reinforced by the judge's actions."

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"What is the likelihood if this was an African-American, inner-city kid that grew up in a violent neighborhood to a single mother who is addicted to crack and he was caught two or three times ... what is the likelihood that the judge would excuse his behavior and let him off because of how he was raised?" Luthar asked.

"We are setting a double standard for the rich and poor," she added, noting the message is "families that have money, you can drink and drive. This is a very, very dangerous thing we're telling our children."

Authorities said the teen and friends were seen on surveillance video stealing two cases of beer from a store.

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http://www.nbcdfw.com/news/local/Teens-Fatal-DWI-Wreck-Sentencing-Sparks-Ire-Ethan-Couch-235549211.html

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A psychologist called as an expert defense witness said the boy suffered from "affluenza," a term used to describe the emotional pitfalls of consumerism and excess wealth, and grew up in a house where parents were preoccupied with arguments with each other that led to a divorce.

The father "does not have relationships, he takes hostages," psychologist Gary Miller said, and the mother was indulgent. "Her mantra was that if it feels good, do it," he said.

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http://www.huffingtonpost.com/2013/12/11/ethan-couch-sentenced_n_4426722.html

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Money and privilege has helped defendants avoid serious prison time for violent crimes before.

In a particularly clear example, cited by journalist Glenn Greenwald, hedge fund manager Martin Joel Erzinger served just 90 days in jail after driving the car that seriously injured a bicyclist and fled the scene of the accident in 2010.

The district attorney in the case charged Erzlinger with two misdemeanors instead of a felony, noting that "felony convictions have some pretty serious job implications for someone in Mr. Erzinger's profession."

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[like felony conditions don't have serious job implications for other people.]

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