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Sure he killed four people but he shouldn't have to deal with it.

FORT WORTH, Texas (AP) — Lawyers for a Texas teenager who used an "affluenza" defense in a fatal drunken-driving wreck have turned to the Texas Supreme Court in an effort to secure his release from jail.

The motion filed Friday on behalf of 19-year-old Ethan Couch argues that a judge had no authority to sentence Couch to nearly two years in jail after his case was moved from juvenile to adult court.

Couch's attorneys argue that the judge only had jurisdiction over criminal cases and that juvenile matters are civil.

Couch was given 10 years' probation after killing four people in a 2013 wreck. He later violated his probation.

A defense expert invoked the term "affluenza" in arguing during the sentencing phase of the teenager's trial that he was coddled into a sense of irresponsibility.

My favorite part is that after getting no jail time for the death of four people he then violated the probation and is prison. It seems odd to use the defense that he doesn't understand the repercussions of his actions then to go on to keep him from having to face the repercussions of his actions.

One would have hoped that someone staying in the same institution would have volunteered to teach the young man to understand the repercussions of his actions in some meaningful way...

Either way, I'm hoping the judge doesn't buy it, but I have no idea what the legal merits of the jurisdiction issue really are.

I hope the judge get s a good laugh out of it at least.

How old was this kid at the time of the incident?

not only did he kill four people, but he left a teenager paralyzed from the neck down. I can't even imagine what that victim is going through but I can't help feeling that this mockery of justice makes it even a little bit worse.

If thr judge has to let this one go there gonna be pissed as hell.

Id be if I was having to say. Your free to go.
Your defence is utterly delporable. You have learned nothing.
You are a worthless contemptable scumbag.

At this point him and his mother should be locked away forever. Killed 4 people while driving drunk, violating probation, then fled the country assisted by his mother.

On top of that, throw the dad in too, for impersonating a police officer. That whole family sounds fething nuts.

Link to a brief summary of this whole ordeal.

http://www.nydailynews.com/news/crime/wild-legal-ride-affluenza-teen-ethan-couch-article-1.3004637

 jreilly89 wrote:
At this point him and his mother should be locked away forever. Killed 4 people while driving drunk, violating probation, then fled the country assisted by his mother.

On top of that, throw the dad in too, for impersonating a police officer. That whole family sounds fething nuts.

Link to a brief summary of this whole ordeal.

http://www.nydailynews.com/news/crime/wild-legal-ride-affluenza-teen-ethan-couch-article-1.3004637

WTH! Impersonating a Police Officer??? when did that happen?

....reads article..

Wow! Just.....

 Mr. Burning wrote:

 jreilly89 wrote:
At this point him and his mother should be locked away forever. Killed 4 people while driving drunk, violating probation, then fled the country assisted by his mother.

On top of that, throw the dad in too, for impersonating a police officer. That whole family sounds fething nuts.

Link to a brief summary of this whole ordeal.

http://www.nydailynews.com/news/crime/wild-legal-ride-affluenza-teen-ethan-couch-article-1.3004637

WTH! Impersonating a Police Officer??? when did that happen?

....reads article..

Wow! Just.....

Yeah, the whole family is insane.

 jreilly89 wrote:

 Mr. Burning wrote:

 jreilly89 wrote:
At this point him and his mother should be locked away forever. Killed 4 people while driving drunk, violating probation, then fled the country assisted by his mother.

On top of that, throw the dad in too, for impersonating a police officer. That whole family sounds fething nuts.

Link to a brief summary of this whole ordeal.

http://www.nydailynews.com/news/crime/wild-legal-ride-affluenza-teen-ethan-couch-article-1.3004637

WTH! Impersonating a Police Officer??? when did that happen?

....reads article..

Wow! Just.....

Yeah, the whole family is insane.

No, they're rich as feth. That's eccentric. Way she goes, Bubs. Fething way she goes.

Smacks of racism. Immigrant goes away for 20, rich white boy gets probation. Absolutely disgraceful that you can drink drive, drive like a maniac and kill four people and still only get a couple of years after breaking probation and doing a runner. The idea that he's never been taught responsibility so should now not be held to account for anything is baffling. Now would be a good time to teach the lesson that actions have consequences.

The parents and lawyers defending him should hang their heads in shame they make so many excuses for this useless sack of skin.

 feeder wrote:

 jreilly89 wrote:

 Mr. Burning wrote:

 jreilly89 wrote:
At this point him and his mother should be locked away forever. Killed 4 people while driving drunk, violating probation, then fled the country assisted by his mother.

On top of that, throw the dad in too, for impersonating a police officer. That whole family sounds fething nuts.

Link to a brief summary of this whole ordeal.

http://www.nydailynews.com/news/crime/wild-legal-ride-affluenza-teen-ethan-couch-article-1.3004637

WTH! Impersonating a Police Officer??? when did that happen?

....reads article..

Wow! Just.....

Yeah, the whole family is insane.

No, they're rich as feth. That's eccentric. Way she goes, Bubs. Fething way she goes.

Feeder understands

 Howard A Treesong wrote:
Smacks of racism. Immigrant goes away for 20, rich white boy gets probation.

Seems more classism than racism. I think most poor white kids would serve healthy jail sentences for that as well. It's the money and therefore the social status that makes all the difference.

The idea that he's never been taught responsibility so should now not be held to account for anything is baffling. Now would be a good time to teach the lesson that actions have consequences.

Yeah, that was the inexplicable part, I think. "Oh you've been so cruelly afflicted by never being responsible for your actions, so the court will not make you responsible for you actions."

Might see if I can try that excuse here on dakka. No mods, you gotta understand, I've said whatever I want on forums in the past and never been banned, and that's left me incapable of controlling my own language, and that means you should just let me say whatever I want and never get banned for it.

Sebster you just don't understand the hard life rich people have, poor people never do

I hope they review the case, decide that the judge was far too lenient, then add more time to the sentence.

Then fine the lawyers for bothering them. (That is a thing right? I hope it is a thing.)

 Jehan-reznor wrote:
Sebster you just don't understand the hard life rich people have, poor people never do

I'm not poor thank you very much

No americans are poor, just temparily broke rich people

Well, the big issue is that the case was originally sentenced as a juvenile case and, in Texas, that makes a big difference since juvenile cases full under the family (civil) courts. If he had been certified as an adult, he would be facing big boy prison time. Unfortunately, the original judge did not certify him and basically gave him a sweetheart deal over prosecutor arguments. That judge then retired. Then, the defendant proceeds to show he has no respect for the law and has learned nothing, so leaves to Mexico to party. With his mom's help. Despite this being a clear probation violation, there are limited teeth since the case is now a juvenile case transfer.

It's a huge mess and why I really dislike Texas' lenient juvenile system with regard to serious violent offenders.

 jmurph wrote:
Well, the big issue is that the case was originally sentenced as a juvenile case and, in Texas, that makes a big difference since juvenile cases full under the family (civil) courts. If he had been certified as an adult, he would be facing big boy prison time. Unfortunately, the original judge did not certify him and basically gave him a sweetheart deal over prosecutor arguments. That judge then retired. Then, the defendant proceeds to show he has no respect for the law and has learned nothing, so leaves to Mexico to party. With his mom's help. Despite this being a clear probation violation, there are limited teeth since the case is now a juvenile case transfer.

It's a huge mess and why I really dislike Texas' lenient juvenile system with regard to serious violent offenders.

Wait, so Texas will execute people, but takes it easy on violent juvenile offenders? Oh Texas, you so crazy.

 jreilly89 wrote:

 jmurph wrote:
Well, the big issue is that the case was originally sentenced as a juvenile case and, in Texas, that makes a big difference since juvenile cases full under the family (civil) courts. If he had been certified as an adult, he would be facing big boy prison time. Unfortunately, the original judge did not certify him and basically gave him a sweetheart deal over prosecutor arguments. That judge then retired. Then, the defendant proceeds to show he has no respect for the law and has learned nothing, so leaves to Mexico to party. With his mom's help. Despite this being a clear probation violation, there are limited teeth since the case is now a juvenile case transfer.

It's a huge mess and why I really dislike Texas' lenient juvenile system with regard to serious violent offenders.

Wait, so Texas will execute people, but takes it easy on violent juvenile offenders? Oh Texas, you so crazy.

I know right. Usually we just give them the needle. Of course your state sucks balls too in this area.

 jreilly89 wrote:

 jmurph wrote:
Well, the big issue is that the case was originally sentenced as a juvenile case and, in Texas, that makes a big difference since juvenile cases full under the family (civil) courts. If he had been certified as an adult, he would be facing big boy prison time. Unfortunately, the original judge did not certify him and basically gave him a sweetheart deal over prosecutor arguments. That judge then retired. Then, the defendant proceeds to show he has no respect for the law and has learned nothing, so leaves to Mexico to party. With his mom's help. Despite this being a clear probation violation, there are limited teeth since the case is now a juvenile case transfer.

It's a huge mess and why I really dislike Texas' lenient juvenile system with regard to serious violent offenders.

Wait, so Texas will execute people, but takes it easy on violent juvenile offenders? Oh Texas, you so crazy.

Juvenile offenders are handled under the Family Code, which places primary focus on the best interests of the child. The idea was to get away from older punitive models that basically conditioned juves to be criminals and saddled them with convictions. It focuses on community supervision over incarceration. In many cases, a light touch is appropriate. Additionally, numerous abuses came to light around 2007, prompting heavy reform.The problem is that there has been a lack of progress among young offenders compared to the overall declining crime rate (2014 actually saw a slight uptick over the previous year). The average certified parole officer was carrying over 1600 cases as of 2014. While 58% had no prior referrals (IE "first timers"), 28% of youth probation referrals had 4 or more previous referrals. Meanwhile, the push has been to reduce youth facilities as they represent significant budget expenses. Looking at serious offenders, less than 0.2% are certified as adults, less than 150 in 2014. In that period there where close to 8000 felony cases with 4,375 being violent felonies. Unfortunately, while decreasing juvenile facility populations (which is good) it has not decreased the re-offense rate, which is especially concerning with violent offenders.

As to executions, the rate has plummeted since peaking in 2000 at 40 executions. In 2016, it was 7, the fewest since 1996 (when it was 3). Texans also do not routinely ride horses to work or carry six shooters. People really need to update their stereotypes.

 jmurph wrote:

 jreilly89 wrote:

 jmurph wrote:
Well, the big issue is that the case was originally sentenced as a juvenile case and, in Texas, that makes a big difference since juvenile cases full under the family (civil) courts. If he had been certified as an adult, he would be facing big boy prison time. Unfortunately, the original judge did not certify him and basically gave him a sweetheart deal over prosecutor arguments. That judge then retired. Then, the defendant proceeds to show he has no respect for the law and has learned nothing, so leaves to Mexico to party. With his mom's help. Despite this being a clear probation violation, there are limited teeth since the case is now a juvenile case transfer.

It's a huge mess and why I really dislike Texas' lenient juvenile system with regard to serious violent offenders.

Wait, so Texas will execute people, but takes it easy on violent juvenile offenders? Oh Texas, you so crazy.

Juvenile offenders are handled under the Family Code, which places primary focus on the best interests of the child. The idea was to get away from older punitive models that basically conditioned juves to be criminals and saddled them with convictions. It focuses on community supervision over incarceration. In many cases, a light touch is appropriate. Additionally, numerous abuses came to light around 2007, prompting heavy reform.The problem is that there has been a lack of progress among young offenders compared to the overall declining crime rate (2014 actually saw a slight uptick over the previous year). The average certified parole officer was carrying over 1600 cases as of 2014. While 58% had no prior referrals (IE "first timers"), 28% of youth probation referrals had 4 or more previous referrals. Meanwhile, the push has been to reduce youth facilities as they represent significant budget expenses. Looking at serious offenders, less than 0.2% are certified as adults, less than 150 in 2014. In that period there where close to 8000 felony cases with 4,375 being violent felonies. Unfortunately, while decreasing juvenile facility populations (which is good) it has not decreased the re-offense rate, which is especially concerning with violent offenders.

As to executions, the rate has plummeted since peaking in 2000 at 40 executions. In 2016, it was 7, the fewest since 1996 (when it was 3). Texans also do not routinely ride horses to work or carry six shooters. People really need to update their stereotypes.

Ah, but what I would do with all my Cowboy/racism/anti-Texas jokes?

Well, fortunately the all still apply to Oklahoma ;-)

 sebster wrote:

 Jehan-reznor wrote:
Sebster you just don't understand the hard life rich people have, poor people never do

I'm not poor thank you very much

If you not part of the one percenters then you are part of the rabble

The wealth pyramid is like a curving spire that rises from a very wide, low base and grows abruptly to a very narrow, very tall pinnacle.

 Kilkrazy wrote:
The wealth pyramid is like a curving spire that rises from a very wide, low base and grows abruptly to a very narrow, very tall pinnacle.

Instead of 'wealth pyramid' we should be saying 'wealth Burj Khalifa with surrounding car park'.


Automatically Appended Next Post:

 Howard A Treesong wrote:
Smacks of racism. Immigrant goes away for 20, rich white boy gets probation..

Don't jerk your knee.

The rich boy, who happened to be white, had a rich daddy who could afford a very expensive lawyer. Income, not race, is the deciding factor.

That's assuming class and race aren't linked, although that's a debate for another time and place.

 AlmightyWalrus wrote:
That's assuming class and race aren't linked, although that's a debate for another time and place.

Its easy, they aren't. There are statistical correlations, but those are due to opportunity which is due to historical patterns. Nothing of itself prevents a black person from becoming rich or a white person being poor.

Must have been an incredible lawyer to make something as stupidly arrogantly as the 'affluenza' argument fly that well - turning the killing of four people while drunk into probation.

By the way, you seem to think wealth determines your class, and it's only a matter of opportunity that holds back some races. I get the point and agree to degree, that it's opportunity that holds back gaining wealth. But as for your 'class', there more to it that that. You can become as rich as you like, but that doesn't give you the social standing of the upper classes, at least in the UK we're more old fashioned about that that we readily admit. My last landlord was a farmer whose estate had been given to his family after the civil war. He didn't seem to be especially wealthy other than holding a lot of land, yet he was widely respected as the local lord of the manor. Someone driving into town in a Ferrari wouldn't earn an ounce of that respect.

 Howard A Treesong wrote:
Must have been an incredible lawyer to make something as stupidly arrogantly as the 'affluenza' argument fly that well - turning the killing of four people while drunk into probation.

By the way, you seem to think wealth determines your class, and it's only a matter of opportunity that holds back some races. I get the point and agree to degree, that it's opportunity that holds back gaining wealth. But as for your 'class', there more to it that that. You can become as rich as you like, but that doesn't give you the social standing of the upper classes, at least in the UK we're more old fashioned about that that we readily admit. My last landlord was a farmer whose estate had been given to his family after the civil war. He didn't seem to be especially wealthy other than holding a lot of land, yet he was widely respected as the local lord of the manor. Someone driving into town in a Ferrari wouldn't earn an ounce of that respect.

Uk is different to the US and frankly not relevant here. Also class makes a VERY big difference in some countries, to the point where it is the principle deciding factor, Socialist states or caste based societies like China and India respectively.