Friday, December 13, 2013

Nurture vs Nature: Affluenza Edition (Updated February 7th 2014)

Have you ever wondered why society rarely considers environmental effects when doling out sentences in our criminal justice system? Ever since the days of Horatio Alger's Ragged Dick, Americans have been enthralled with stories of enterprising individuals who rise up from their wretched beginnings, through sheer determination and hard work, to live a life of luxury. The pit isn't inescapable, you just have to work hard to climb out. Bootstraps, young fella, are there to pull yourself up. No childhood excuses are allowed for deviant and wasteful behavior in adults.

Nowhere is this philosophy on clearer display than in the courtroom. You name a crime, and I'll show you how the environment had no impact on the developmental process of the criminal who commits the act. Rape, abuse, generational poverty...they're just hurdles that are expected to cleared. In other words, no matter what base you're born on, we can all reach home plate. The factors inside the house just aren't part of the equation. If the instances of physical abuse can be represented by X, and forced sexual encounters can be represented by Y...ah, who cares. You're a fucking murderer.

Of course, anyone with a sense of decency knows the above is bullshit, and in Texas, we FINALLY have case that recognizes the lasting damage a difficult upbringing can have. Here are the facts, devoid of the horrific context in which the killer was raised:

-16 years old
-Stole cases of beer
-Drank to 3x legal limit
-Killed four people with car

Sounds like a reckless teenage asshole who deserves the maximum juvenile sentence allowable, right? His punishment must fit his crime. Otherwise, we risk losing the deterrent factor. Right? Wrong. This poor boy is the victim of what is called "affluenza."

From the Huffington Post: "A psychologist called as an expert defense witness said the boy suffered from "affluenza," growing up in a house where the parents were preoccupied with arguments 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.

It's exquisitely refreshing to hear that this young man will not be placed in the Texas juvenile system, where his emotional needs wouldn't be adequately addressed. His monstrous, litigious parents are paying $450,000 per year for a rehab center in California. It's the least they could do, after pushing the child to murder with their cruel alternate weekend vists, and separate holidays feasts.

Affluenza has claimed the lives of too many in this country. It's a pernicious disease acquired at birth, and it never relents. Here's hoping the criminal justice continues to recognize the devastation caused by wealth, privilege, and divorced parents.

UPDATE

The affluenza argument worked. Ethan Couch will spend time in a wealthy drug rehab center that his wealthy parents will pay for. At least the taxpayers save on the prison costs right?

This is an outrage, a travesty of justice, and a fistful of salt into the open wounds of every black and brown mother and father who lost their child/children to the system for non-violent crimes.

In America, a white suburban child living under the constant threat of intramarriage squabbles suffers more internal environmental damage than black or brown kids living in Camden or Detroit. Makes you wonder if that has to do with the backgrounds and experiences of our nation's judges, lawyers, and academics. What were they more likely to be afraid of at night? Daddy using the "c" word, or grandma getting a stray bullet in her gut sitting on the porch?

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