General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsChrist Almighty.. Judge lets 15 year old get off after killing 4 because he is rich...
There are no words which describe the anger I feel after reading this .. It goes beyond belief, way beyond.
http://www.dailykos.com/story/2013/12/11/1262005/-Teen-Kills-4-Judge-LITERALLY-Lets-Him-Off-Because-He-is-Rich
BlueToTheBone
(3,747 posts)Or when the "state" loses, is it over?
busterbrown
(8,515 posts)I have little expertise in this area.. Maybe someone out there can help...
LisaL
(44,974 posts)Considering he plead guilty.
The judge just didn't sentence him to any jail time.
So, I presume there is no appeal.
newcriminal
(2,190 posts)However, the state can appeal the sentence.
LisaL
(44,974 posts)He was tried in juvenile court. Judge has wide discretion.
newcriminal
(2,190 posts)Name one case where prosecution appealed a sentence because of "abuse of discretion."
I think the sentence is ludicrous.
But I don't envision any appeals.
newcriminal
(2,190 posts)LisaL
(44,974 posts)And it was her appeal, not the state's.
newcriminal
(2,190 posts)The state is a cross-appellant, meaning they appealed as well.
newcriminal
(2,190 posts)and in the article they mention another case.
LisaL
(44,974 posts)And even then the articles say appeals by prosecution are extremely rare.
newcriminal
(2,190 posts)In fact it proves it can.
LisaL
(44,974 posts)Here is what the district attorney had to say.
We are disappointed by the punishment assessed but have no power under the law to change or overturn it. Our thoughts and prayers are with the families and we regret that this outcome has added to the pain and suffering they have endured, said Assistant District Attorney Richard Alpert."
http://myfox8.com/2013/12/11/texas-teen-gets-probation-for-deadly-dwi-collision-with-affluenza-defense/
newcriminal
(2,190 posts)Here is a state case.
https://doj.mt.gov/2013/09/state-to-appeal-judge-baughs-sentence-in-rambold-case/
LisaL
(44,974 posts)talking about? He already said there are no grounds he can appeal on.
newcriminal
(2,190 posts)misstating the facts for many reasons.
He doesn't want to come out and say, we could appeal we just don't do that because it pisses judges off and the da's office likes to please the judges. His hands could be tied by the da and can't say I want to appeal but my boss won't let me. I'm not sure what his motives are, but I know the state can appeal a sentence.
LisaL
(44,974 posts)It's a juvenile court. Judge has a wide discretion.
Unless the sentence was illegal (which it obviously wasn't) then the prosecutor doesn't have grounds for an appeal.
So it can not and will not be appealed.
That's all I have to say on the matter.
newcriminal
(2,190 posts)It can be appealed, but it won't be.
LisaL
(44,974 posts)It can not be appealed and it will not be.
If there was some mandatory minimum and the judge didn't follow that, prosecutor could have appealed.
But there is no mandatory minimum for juvenile drunk drivers, as far as I can tell.
So the judge was within her discretion to sentence a juvenile drunk driver to probation.
Regardless of how many people juvenile drunk driver killed.
newcriminal
(2,190 posts)newcriminal
(2,190 posts)busterbrown
(8,515 posts)Even though there are disagreements, we all agree on the principal.. The decision favoring the kid was horrible..
I speak for myself, however I learn a lot when the discourse is intelligent..
LisaL
(44,974 posts)Prosecutor already said nothing can be done about it.
newcriminal
(2,190 posts)LisaL
(44,974 posts)newcriminal
(2,190 posts)No, he can not.
LisaL
(44,974 posts)No simiilarity to this one whatsoever. Not in juvenile court.
newcriminal
(2,190 posts)LisaL
(44,974 posts)Rex
(65,616 posts)Yes he was let go because he was born 'too rich to care'. Like the dude in the Mercedes driving over OWS protesters, too rich to care.
Egalitarian Thug
(12,448 posts)in the U.S. If we expanded it to include the world, we'd need our own website.
We had one of these in my high school. Fucker strangled his GF in the park, tool her body and dumped it in a "bad neighborhood", and eventually admitted it all. He got off without even probation, he was "sentenced" to therapy.
We made sure he got his therapy elsewhere.
Blue_Tires
(55,445 posts)Sadly we can all cite "rich kids getting away with it" stories for every city, county and state in the union...
LadyHawkAZ
(6,199 posts)"Private law".
One law for the upper class, another for everyone else.
2naSalit
(86,798 posts)the lyrics to this:
http://www.liveleak.com/view?i=23f_1307094161
HappyMe
(20,277 posts)This twit walks away with a slap on the wrist.
Yup, this makes me pretty damn angry.
deutsey
(20,166 posts)And not long ago, cops found Ethan (the rich twit) passed out in a car with a naked 14-year-old girl.
In the meantime, this asshole will be at a pricey spa/rehab while somebody tries to cope with paralysis.
It's only a matter of time...but then again I said that about Zippy.
RiffRandell
(5,909 posts)He has to stay for 1 year and is then on probation for 10 years.
The affluenza defense is the term used by his attorneys; the kid's parents were wealthy and never taught him any responsibility.
I think some jail time would do the kid some good if that's the case, not to mention he killed 4 people.
HappyMe
(20,277 posts)I don't think that 6 months in jail would hurt at all. Let him see what happens when you fuck up so bad that people pay for your stupidity with their lives. Then rehab, then probation to follow.
This is a good way to start to get super serious about drunk driving.
gollygee
(22,336 posts)and never face consequences for anything because of his wealth, right?
/sarcasm
HappyMe
(20,277 posts)will forever bail his miserable ass out of trouble.
SammyWinstonJack
(44,130 posts)he was entrusted with, or so I read in the comments section.
jsr
(7,712 posts)for the inconvenience caused to him by their loved ones.
raccoon
(31,126 posts)indepat
(20,899 posts)and make a mockery of the equal justice under the law tenant. I'm not shocked, but is it not time for TPTB and the media to quit parroting these idealistic, but unrealistic, bromides proclaiming American ideals which bear no resemblance to reality.