Affluenzza
#31
Rootbeeraholic
Joined: Aug 2009
Location: Houston, Tx
Posts: 2,280
Re: Affluenzza
I think the case is merely an example of how deaths caused by driving are treated by the justice system (not just in the US). There is plenty of discussion currently about deaths of cyclists wherein the driver is just not being held to account. Manslaughter charges should be used but it doesn't seem to get used as much. Death by dangerous driving and a slap on the wrist or in some cases just a traffic citation.
Here is a random example picked from Google:
http://articles.baltimoresun.com/201...y-manslaughter
Here is a random example picked from Google:
http://articles.baltimoresun.com/201...y-manslaughter
When someone causes a crash where people die (I'm talking by dangerous driving/under the influence rather than just an unfortunate accident) they should be held accountable.
#32
Bloody Yank
Joined: Oct 2005
Location: USA! USA!
Posts: 4,186
Re: Affluenzza
Here's one example re: pedestrians in Northern Calfornia:
An in-depth Center for Investigative Reporting review of the 434 pedestrians killed from 2007 through 2011 in the five largest Bay Area counties found that, like Joe Molinaro, one-third were walking in a crosswalk when they were struck – three times the national average, according to the group’s report. And in 2011, local fatalities increased almost 40 percent from the previous year.
Yet, more often than not, the drivers responsible faced no serious consequences.
Sixty percent of the 238 motorists found to be at fault or suspected of a crime faced no criminal charges during the five-year period, CIR found in its analysis of thousands of pages of police and court records from Alameda, Contra Costa, Santa Clara, San Mateo and San Francisco counties.
When drivers did face criminal charges, punishment often was light. Licenses rarely were taken away. Of those charged, less than 60 percent had their driving privileges suspended or revoked for even one day, an automatic penalty in drunk driving arrests.
Forty percent of those convicted faced no more than a day in jail; 13 drivers were jailed for more than a year. By contrast, those charged in accidental shootings often serve lengthy jail terms, according to media reports.
Yet, more often than not, the drivers responsible faced no serious consequences.
Sixty percent of the 238 motorists found to be at fault or suspected of a crime faced no criminal charges during the five-year period, CIR found in its analysis of thousands of pages of police and court records from Alameda, Contra Costa, Santa Clara, San Mateo and San Francisco counties.
When drivers did face criminal charges, punishment often was light. Licenses rarely were taken away. Of those charged, less than 60 percent had their driving privileges suspended or revoked for even one day, an automatic penalty in drunk driving arrests.
Forty percent of those convicted faced no more than a day in jail; 13 drivers were jailed for more than a year. By contrast, those charged in accidental shootings often serve lengthy jail terms, according to media reports.
Earlier this year, a cyclist who ran a light and killed a pedestrian in a crosswalk in San Francisco pled guilty to felony manslaughter. His punishment? Just community service, no jail time.
http://www.slate.com/blogs/the_slate...irst_ever.html
Combine these factors with the age of the defendant in this case, and it isn't surprising. There are plenty of vehicle deaths that result in similarly light sentences yet receive no media attention at all.
#33
Re: Affluenzza
The big difference being this resulted in 4 deaths and a couple handfuls of injured people, including leaving one a cabbage.
#34
Bloody Yank
Joined: Oct 2005
Location: USA! USA!
Posts: 4,186
Re: Affluenzza
It's not really that big of a difference in comparison to what often happens with other auto fatalities. Killing people in a crash frequently does not result in punishment, regardless.
#35
BE Forum Addict
Joined: Aug 2003
Location: Nevada b4 California b4 Colorado b4 Valley of plastic and sand, b4 London
Posts: 2,025
Re: Affluenzza
This is just beyond silliness, how can a person who forged a cheque be given life imprisonment under the three strikes rule and a person who stole alcohol, killed several people get off scott free? Plus his parents have a whole list of problems with the law as well.
I'm sure you may have seen media reports of the Fort Worth judge gave probation to a 16 year old drunk driver due to his up bringing where his parents did not give him any boundaries. Now I think it's fair to say I would be one of the most politically conservative posters on this board, however this sentencing just sounds off to me. How many defendants has this judge tried where the defendant went to jail even though they had no positive influences growing up because of addiction and so on? hundreds? thousands? what it the difference between them and this boy named Ethan Couch? Apart from hundreds of thousands of dollars nothing!
I am a strong proponent of the rule of law, I believe the law should be upheld and applied and enforced equally and without fear or favor, so to me this sentence stinks to high heaven as I don't believe the law was applied equally, also one would have thought that if someone doesn't have boundaries, that the best thing the law could do is put the in a place where they will need boundaries due to affulenzza , and jail seems exactly that kind of place.
I am a strong proponent of the rule of law, I believe the law should be upheld and applied and enforced equally and without fear or favor, so to me this sentence stinks to high heaven as I don't believe the law was applied equally, also one would have thought that if someone doesn't have boundaries, that the best thing the law could do is put the in a place where they will need boundaries due to affulenzza , and jail seems exactly that kind of place.
#36
Lost in BE Cyberspace
Joined: Jan 2008
Posts: 41,518
Re: Affluenzza
'Three strikes' has been a disaster.
#38
Re: Affluenzza
I think the case is merely an example of how deaths caused by driving are treated by the justice system (not just in the US). There is plenty of discussion currently about deaths of cyclists wherein the driver is just not being held to account. Manslaughter charges should be used but it doesn't seem to get used as much. Death by dangerous driving and a slap on the wrist or in some cases just a traffic citation.
Here is a random example picked from Google:
http://articles.baltimoresun.com/201...y-manslaughter
Here is a random example picked from Google:
http://articles.baltimoresun.com/201...y-manslaughter
A 92 year old woman was killed in El Cerrito by a cyclist last year; the case is still being decided.
#39
Bloody Yank
Joined: Oct 2005
Location: USA! USA!
Posts: 4,186
Re: Affluenzza
I have only limited sympathy for cyclists. I lived and worked in San Francisco for many years, and the bicycle crowd there was above the law...Cyclist was going around 35 mph downhill and couldn't stop; he ran a red light, plowed through the crowded crosswalk, and killed a pedestrian. He later posted his account online, admitting he was going too fast, but his major point was - "it was important for cyclists to wear helmets".
#40
Re: Affluenzza
I have only limited sympathy for cyclists. I lived and worked in San Francisco for many years, and the bicycle crowd there was above the law. This article is illuminating.... Cyclist was going around 35 mph downhill and couldn't stop; he ran a red light, plowed through the crowded crosswalk, and killed a pedestrian. He later posted his account online, admitting he was going too fast, but his major point was - "it was important for cyclists to wear helmets".
A 92 year old woman was killed in El Cerrito by a cyclist last year; the case is still being decided.
A 92 year old woman was killed in El Cerrito by a cyclist last year; the case is still being decided.
#42
Re: Affluenzza
I feel a lot of these things like "three strikes" are thought up by rich white men who think "Oh my gosh if I get caught three times I'm done for, I'm quite likely to stop and turn straight after the first time". When in fact, reality is different.
#43
Re: Affluenzza
I often drive through a park where there's a lot of cyclists, some are very good and courteous but some cause one to consider doing society a favour and run them over.
I, personally, am going to try the 'I'm too stupid' defense if I ever get in trouble again.
Pete
I, personally, am going to try the 'I'm too stupid' defense if I ever get in trouble again.
Pete
#44
Re: Affluenzza
I'm going with the 'my mind has been warped by BE' defense. Just have to refer them to TIO, Oz, Spain, and a few others. I'll be off free and with an apology for my trouble.
#45
Re: Affluenzza
I think I've written about it previously in another thread, so if you're interested in what he did you can look it up.