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Old 12-16-2015, 02:23 PM
 
5,444 posts, read 7,035,295 times
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Quote:
Originally Posted by Mathguy View Post
So, let's say he's 12...gets into his parents booze cabinet and drives their car? Or what if he just drove their car sober but crashed it and killed 4 people? what then? What if instead he's 22?
I'm not going to play "what if" games because they aren't relevant at all to this particular situation. At 16, you know right from wrong. At 16, you know you shouldn't be drinking and you definitely know you shouldn't be driving after drinking. At the minimum, he should have been thrown into a juvenile detention facility until 18 along with the 10 years probation.
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Old 12-16-2015, 02:24 PM
 
79,037 posts, read 61,188,198 times
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Quote:
Originally Posted by Augiec View Post
In the case of the 12 yr old, wouldn't a lot of it depend on prior records, any indication of remorse, judgment on likelihood of repeat offenses? Oh yeah, let's not forget the likelihood of the suspect's parents to fund my next judicial campaign

Specifically regarding this kid, Ethan Couch... The system is STILL treating him with a soft touch.

There's a VIDEO floating online of him drinking at a party while 19. Yet, the DA's representative says, and I quote: "We don’t know that they have committed any crime, but we certainly are interested in their whereabouts” - Again, I'm no lawyer, but underaged drinking is a crime, isn't it?

http://www.nytimes.com/2015/12/17/us...enza-case.html

Fortunately, there's google: "Texas: Minors who purchase or consume alcohol are guilty of a Class C misdemeanor. A first or second offense is punishable by a fine up to $500, enrollment in an alcohol awareness class, performance of eight to 12 hours (or 20 to 40 hours for a second offense) of community service, and suspension of the minor’s driver’s license for 30 days (or 60 days for a second offense). Third and subsequent offenses are punishable by a fine of $250 to $2,000, up to 180 days in jail, enrollment in an alcohol awareness class, and the suspension of the minor’s driver’s license for 180 days. (See the statutes for certain penalty exemptions.) (Tex. Alco. Bev. Code Ann. §§ 106.04, 106.05, 106.071, 106.115.)"

Underage Drinking and Minor-in-Possession Laws | Nolo.com
1) There is a warrant out for his arrest so about that "light touch"?

2) Video of him at a party, unless we've fully reviewed it I've not heard if he is drinking in the video and the specific terms of his parole. For arguments sake lets say that the video has damning evidence of a parole violation. At that point, they still have to follow due process and find him in violation of parole. It takes time. This is likely the scenario as it appears he's run off with mommy.

3) Specific to the judge that gave him parole, without looking are you sure he's elected instead of appointed?

P.S. I'm on the record back when this first happened saying I'd bet a large sum that he'd fail probation and go to jail for a long time and that his parents were tools. I'm just not in a huge hurry to throw minors into long prison sentences for offenses that aren't things like pre-meditated murder, rape etc.
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Old 12-16-2015, 02:24 PM
 
26,218 posts, read 21,737,656 times
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Quote:
Originally Posted by Augiec View Post
In the case of the 12 yr old, wouldn't a lot of it depend on prior records, any indication of remorse, judgment on likelihood of repeat offenses? Oh yeah, let's not forget the likelihood of the suspect's parents to fund my next judicial campaign

Specifically regarding this kid, Ethan Couch... The system is STILL treating him with a soft touch.

There's a VIDEO floating online of him drinking at a party while 19. Yet, the DA's representative says, and I quote: "We don’t know that they have committed any crime, but we certainly are interested in their whereabouts” - Again, I'm no lawyer, but underaged drinking is a crime, isn't it?

http://www.nytimes.com/2015/12/17/us...enza-case.html

Fortunately, there's google: "Texas: Minors who purchase or consume alcohol are guilty of a Class C misdemeanor. A first or second offense is punishable by a fine up to $500, enrollment in an alcohol awareness class, performance of eight to 12 hours (or 20 to 40 hours for a second offense) of community service, and suspension of the minor’s driver’s license for 30 days (or 60 days for a second offense). Third and subsequent offenses are punishable by a fine of $250 to $2,000, up to 180 days in jail, enrollment in an alcohol awareness class, and the suspension of the minor’s driver’s license for 180 days. (See the statutes for certain penalty exemptions.) (Tex. Alco. Bev. Code Ann. §§ 106.04, 106.05, 106.071, 106.115.)"

Underage Drinking and Minor-in-Possession Laws | Nolo.com


DA's can't or shouldn't work off of emotion and should rather work within the law and legal precedence. Seeing someone drinking out of a cup isn't proof said person was consuming alcohol
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Old 12-16-2015, 02:28 PM
 
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Quote:
Originally Posted by headingtoDenver View Post
I'm not going to play "what if" games because they aren't relevant at all to this particular situation. At 16, you know right from wrong. At 16, you know you shouldn't be drinking and you definitely know you shouldn't be driving after drinking. At the minimum, he should have been thrown into a juvenile detention facility until 18 along with the 10 years probation.
Don't you start to get into unfair treatment under the law though?

Meaning that you have clearly restricted rights for minors yet you want to hold them accountable as adults?

Heck, in my state they can't even have a "full" drivers license until 17.

Unequal treatment as to "adult status" was a tool used in the past to restrict both women and minority rights and is imo generally a scummy thing.
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Old 12-16-2015, 02:31 PM
 
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Originally Posted by Lowexpectations View Post
DA's can't or shouldn't work off of emotion and should rather work within the law and legal precedence. Seeing someone drinking out of a cup isn't proof said person was consuming alcohol
If he appears intoxicated in the video or if his probation says he has to stay away from parties with alcohol (this would make sense) then sure but it still doesn't mean the DA went easy on him as it takes time to correctly investigate and follow the processes.

Heck, if he rushes it and creates a loophole by violating due process the same people clamoring for illegally fast repercussions would be saying they intentionally botched the case.
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Old 12-16-2015, 02:38 PM
 
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Originally Posted by headingtoDenver View Post
He was also arrested when he killed 4 people. We all know how that turned out.
Care to wager?
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Old 12-16-2015, 02:40 PM
 
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Quote:
Originally Posted by Mathguy View Post
Don't you start to get into unfair treatment under the law though?

Meaning that you have clearly restricted rights for minors yet you want to hold them accountable as adults?

Heck, in my state they can't even have a "full" drivers license until 17.

Unequal treatment as to "adult status" was a tool used in the past to restrict both women and minority rights and is imo generally a scummy thing.
I don't see anything unfair. He was a minor and should have been sent to a juvenile detention facility. He would have only spent 2 years there (technically less since he was already 16). Teens are sent to juvenile facilities all the time for crimes a LOT less severe, yet this guy gets off with just probation.

Let's go to your "what if's". What if a 16 year old kid robs you at gun point? Would you want him to get just probation and be back out on the street the next day?

From the psychological standpoint of "affluenza", by just giving him probation reaffirmed his 'condition'. It proved that because he is wealthy, he can get away with pretty much anything. He proved this point by violating his probation.
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Old 12-16-2015, 02:41 PM
 
79,037 posts, read 61,188,198 times
Reputation: 50335
Quote:
Originally Posted by headingtoDenver View Post
I'm not going to play "what if" games because they aren't relevant at all to this particular situation. At 16, you know right from wrong. At 16, you know you shouldn't be drinking and you definitely know you shouldn't be driving after drinking. At the minimum, he should have been thrown into a juvenile detention facility until 18 along with the 10 years probation.
So....if the 16yo neighbor girl texts and drives but knows they shouldn't....and some people die in a crash....she should be treated the same as if she had bought a gun and shot 3 people dead at the mall?

That's what a couple posters here are saying.
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Old 12-16-2015, 02:44 PM
 
5,444 posts, read 7,035,295 times
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Quote:
Originally Posted by Mathguy View Post
So....if the 16yo neighbor girl texts and drives but knows they shouldn't....and some people die in a crash....she should be treated the same as if she had bought a gun and shot 3 people dead at the mall?

That's what a couple posters here are saying.
This is why we have different levels of murder charges.
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Old 12-16-2015, 02:47 PM
 
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He's facing up to ten years; he wouldn't be missing if he thought he would get no jail time. This time he didn't show up for a probation check in.
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