<p>Apologies for so many posts, but I am reading back and forth with fascination, between this forum and another where this is being discussed. </p>
<p>In the other forum, they are pointing out that in the juvenile system emphasizes rehabilitation over punishment, and that in this particular case, the sentence involves starting his probation inside a juvenile detention center in Texas, participation in treatment in a facility for 1 year, compliance with all treatment requirements and other standard probation requirements (eg, sobriety monitoring, no police contact, steady employment or school enrollment are standard conditions), and that failure to meet all probation requirements for 10 years would result in revocation of probation and remand to complete the 20 year term in prison, whereas if he were incarcerated now he would be out in 2 years without this level of required oversight. This kid, who has had problems with alcohol for a few years already, could, under the latter circumstances, be out at age 18 with less adequate rehab and an increased likelihood of recitivism. </p>
<p>What some there are pointing out on that forum is the fact that this kid can afford the fancy, cushy treatment facilities that most other kids cannot, and that the injustice is to the less fortunate who cannot afford this.</p>
<p>2 YEARS in JV vs 10 years probation; I am trying to ignore the fancy rehab center, because initially I liked the judges’ ruling–keeping this young man in the legal system for 10 years. If he thinks he can make his own rules, there is little doubt in my mind that the rules of probation will be broken.</p>
<p>You’re assuming the judge/court concerned will hold this convicted defendant fully accountable when there are already serious questions about favorable treatment on account of his family’s SES status due to this very sentence. </p>
<p>Especially considering there’s no mention of additional legal charges for stealing the alcohol he and his friends consumed from a supermarket chain and has had past history of alcohol and delinquent offenses. </p>
<p>At the very least, the circumstances behind the inexplicably light sentence considering his crime caused the deaths of several people is making prosecutors, victims, and many concerned citizens around this nation suspicious that the defendant got off lightly due to family SES status and an easily swayed/possibly biased judge willing to buy the testimony of a psychologist’s “Affluenza” testimony. Even when many other psychologists are highly skeptical/dubious of this “diagnosis”.</p>
<p>There’s also the factor that in many jurisdictions being 16 is considered old enough to be charged and sentenced as an adult for crimes involving deaths of others.</p>
<p>It is not a “diagnosis” of any kind, Cobrat, and that is well known. He was tried in the juvenile system where focus is more on rehabilitation that punishment (for better or for worse). The Judge is retiring in 2014 and it is EXTREMELY unlikely that she or any other judge in this highly publicized case is going to let this kid get away with any screw up in the terms of his probation. Sure the family’s money bought him the best legal defense and a ritzy treatment facility. Its too bad other juveniles cant afford the same. And if you have proof that the judge was biased, then produce it. Otherwise, stop with the nasty insinuations. The articles I’ve seen point to one case in the past year or 2. She’s apparently been on the bench for 25 years.</p>
<p>Sigh. You are editing your posts after a response is posted. Like it or not, he was tried in the JUVENILE system. And its well known that the term “affluenza” was coined by an author several decades ago by a relative of a former GM president. It is not a diagnosis. Even the psychologist in this case said its equivalent to calling him a spoiled brat. there have been efforts to look at the personalities and disordered personalities of the uber rich and their offspring, but it is not a diagnostic criteria.</p>
<p>Jym, post #61 makes me think maybe this was the right sentence. Interesting.</p>
<p>Emerald, that story piqued my interest so I did some research. I read his student visa was renewed, he is back in school, and his parents are in the process of negotiating a settlement with the family-- or they were in April, since there doesn’t appear to be any news after that I would guess they settled.</p>
<p>Thanks for your post, Ema. It was definitely food for thought. The folks in the other forum came back to correct their typo-- if he screws up he’ll get 10 years, not 20 per their posts. This kid will get, hopefully, some of the best treatment money can buy. He has to do his part in therapy to get with the program, own his problems, and work the programs.</p>
<p>Though this is a different circumstance, it makes me think of NBC news anchor Bob Woodruff’s treatment and recovery from his traumatic brain injury in Iraq. He got the best care that money can buy. His recovery has been remarkable from such an injury. But if only all TBI patients could get the level of care and rehab that he got.</p>
<p>So he wont have to be punished, because his family is handling that for him.
I wonder what it will take for him to accept responsibility for his actions?</p>
<p>Sorry, but the fact she’s a public official and the existence of the First amendment means people have the right to have negative reactions and voice them against her for decisions she has made as a judge. </p>
<p>Especially when there’s plausible suspicions of biases in her judicial decisions due to possible past pattern of previous judicial decisions. </p>
<p>While she’s far from the only judge who has been accused or actually found to have such issues by legal authorities and legal/historical scholars, the well-known phenomenon of disparate sentencing on basis of not only SES status, but also racial factors is such in our court system that one would have to be in serious denial to insist one doesn’t raise this suspicion, especially when many others already have done so.</p>
<p>The plausible suspicions and biases are between your ears, Cobrat. We are not talking about other people. We are talking about THIS judge. There has yet to be any suggestion other than the low SES kid who punched and accidentally killed someone and was sentenced to Juvy that THIS judge has a HISTORY of any of the stuff you are accusing her of. The constant focus on SES and race appears to be your personal demon. Oh and yes, the kid happened to be black. But he did not have the financial resources to have the best legal representation money could buy. There was no indication that it had anything to do with the color of his skin.</p>
<p>I could same with your seeming biases which hold far more faith in our criminal justice system than even many professionals I knew who work in it from the inside would feel is warranted, especially in the SES and racial aspects. </p>
<p>Then again, just as much as I and those who feel like I do have a First Amendment right to voice our negative reactions against the judge in this case, you likewise have the same right to voice yours. </p>
<p>Only difference is that you started immediately trying to dictate what I can voice or not. Not a very pro-Constitutional attitude, is it? :D</p>
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<p>One major difference in the two cases is that the high school student has already been sentenced to 10 years of probation. Thus, he’s already had his day in court.</p>
<p>On the flipside, it seems from that article that the Chinese student’s case has yet to even go to trial so even though I feel he’s guilty and have serious concerns about his flight out of the US, he’s still theoretically considered legally innocent until proven guilty until he is found guilty at trial or he pleads guilty at some point under our legal system.</p>
<p>Also, these two cases took place in two very different states, Texas and Washington State. I may be mistaken about this, but my impression is that Texas usually is stereotyped as a state with harsher laws and usual sentences for criminal convictions than Washington State.</p>
<p>I don’t know much about how these things work, if he’d done the 2 years would he be totally of the hook after that or would there be further probation, and if so how much?</p>
<p>It’s the 2 years in the system vs 10 years in the system that is tripping me up. I feel like he could sit in a juvenile detention center for two years and just come out with a chip on his shoulder blaming the mean old judge for making him sit in time out and then pick up as an 18 year old where he left off. I am not optimistic that this kid’s maturity level will be caught up with the rest of society by the time he’s 18. I wonder if the rehab and 10 years of being in the system would do a better job of actually re-training his brain and making him realize he can’t pull this crap. If nothing else, he’ll be older and much more mature (god willing) by the time he is left to his own devices again. I don’t want him to have the benefit of that re-training for his benefit, I want it for the person he will kill next if he doesn’t straighten out.</p>
<p>That isn’t to say this sentence isn’t cushy or that the victims should be satisfied, because I wouldn’t be. I think this kid got very lucky. But if the only other option was just 2 years in the system, maybe this is more productive.</p>
<p>I’m not really sure what I think, to be completely honest. Nothing about this situation is any good.</p>
<p>ETA: As for the college student, I doubt he will ever learn. Maybe from watching his own kids screw up someday. You would think even without legal consequences, knowing you killed someone would scare you straight… but it doesn’t seem to work that way.</p>
<p>The owners of this forum decide what can or cannot be said here. Its is not about first amendment rights, Cobrat. That said, the constant accusations in thread after thread about supposed racial or financial biases of people you know nothing about, and also about the roommates’ second cousins’ friends bosses are sounding really paranoid. And its really tiresome. And no one dictated what you can or cannot say (another misinterpretation)- but rather that the overgeneralizations are unsubstantiated and uncalled for. And redundant. </p>
<p>In Texas, manslaughter is a second degree felony that is normally punishable by 2 to 20 years in prison and up to a $10,000 fine. Note that there are four counts of manslaughter. So the normal minimum would be 2 years (four counts served concurrently) and the normal maximum would be 80 years (four counts served consecutively) and a $40,000 fine.</p>
<p>But since this was juvenile court, whatever juvenile justice system provisions apply. However, manslaughter is a crime eligible for what is called “determinate sentencing” of up to 20 years (would appear to be a maximum of 80 years for four counts served consecutively).</p>
<p>So it does appear possible for a much more severe penalty to be given for a conviction of four counts of manslaughter.</p>
<p>Thanks, ucb. I think, from what I am reading, what Ema is asking is, which is more stringent, parole or probation, and how long would parole be if he were to have served a prison term and released (assuming good behavior) in 2 years?</p>