Dear Judge,
I know that Davontaye’s actions caused the deaths of four people. But please don’t give him life in prison. He suffers from Povertenza. You may not know about this condition but Povertenza is an illness that people from impoverished socio-economic backgrounds have.
Due to the inability to access quality education and employment, Davontaye’s development has been stifled. This leads to poor decision making and I would further argue that since his neighborhood sees so much death and destruction, that he may even suffer from Post Traumatic Stress Syndrome in addition to Povertenza.
Judge, it is clear that Davontaye can not be held responsible for his actions. He needs rehabilitation, not prison. Prison would only worsen his mental condition.
Sincerely,
J.A.M.
This defense obviously doesn’t work for black and poor youth. Yet, news outlets are spiraling about 16 year-old Ethan Couch who caused the deaths of 4 people by drunk driving. His defense, was that he suffered from “Affluenza” a disorder that only the affluent have. According to his lawyers, Couch was shielded from personal responsibility his entire life. Discipline is not a word in his vocabulary.
Judge Jean Boyd sentenced him Tuesday to 10 years of probation but no jail time, saying she would work to find him a long-term treatment facility.
But Eric Boyles, who lost his wife and daughter in the crash, said on CNN’s “Anderson Cooper 360,” “There are absolutely no consequences for what occurred that day. The primary message has to absolutely be that money and privilege can’t buy justice in this country.” – CNN
Basically, Couch was coddled his entire life and now his punishment is more coddling.
On the flip side, there are millions of under-privileged youth across America, that have lived under the worst conditions imaginable. They’ve witnessed murders, endured hunger, and survived sexual abuse. However, upon committing a crime, they are handed down the harshest prison sentences imaginable. As I’ve pointed out before, many youth spend years in prison for crimes they didn’t commit because they didn’t have enough money to sway the justice system or get proper legal counsel. It’s a non-laughable joke.
If “Affluenza” is real, then I posit that my newly coined “Povertenza” be considered. Instead of jumping to fill up prisons, let’s start putting youth from disadvantaged backgrounds in treatment facilities. This would be ideal, but it won’t happen because there is too much money to be made. This is one of the reasons why Judge Mark Ciavarella Jr was able to sell 5,000 children to prisons.
Disgraced Pennsylvania judge Mark Ciavarella Jr has been sentenced to 28 years in prison for conspiring with private prisons to sentence juvenile offenders to maximum sentences for bribes and kickbacks which totaled millions of dollars. He was also ordered to pay $1.2 million in restitution.
In the private prison industry the more time an inmate spends in a facility, the more of a profit is reaped from the state. Ciavearella was a figurehead in a conspiracy in the state of Pennsylvania which saw thousands of young men and women unjustly punished and penalized in the name of corporate profit. – Examiner
Most of the children he sentenced are likely to be from backgrounds that are far less privileged than anything Ethan Couch has experienced. His sentencing tells us a lot about the American justice system and how deeply embedded economic disparities are when it comes to accountability. Essentially, the poor are expected to be more accountable for their actions while the wealthy are viewed as inherently respectable (especially if they’re white). Being from what people view as a “good” family can go a long way. This opens the door for more opportunities and the right to be viewed as non-threatening even when your actions prove otherwise. This is exactly why racial and economic inequalities are an on-going battle.
The next time someone tells you that there is no such thing as “White” privilege or elitism, ask them why Affluenza is a viable defense but Povertenza isn’t.
Jessica Ann Mitchell is the founder of OurLegaci.com & BlackBloggersConnect.com. To reach JAM, email her at OurLegaci@gmail.com.
Follow OurLegaci on Facebook at Facebook.com/OurLegaci.
Our Legaci with J.A.M. Aiwuyor 
I say we make “Povertenza” the new word for 2014. They don’t care what happens to our kids but this boy got off scott free.
Yes, Henry let’s do it! Povertenza vs. Affluenza.
How about drinking and driving is known to be illegal and be a high cause of death even in impoverished neighborhoods. The family needs to sue the OFFENDERS/KILLERS family as a wake up call. This is total bullshit. Jail time,rehabilitation combined then probation. You can JAM this up your ass.
I’m all for making povertenza 2014’s hallmark cry of justice. Let’s stop punishing people for circumstances beyond their control and start working for real equality and revocation of white privilege.
So, the solution is to get MORE guilty people out of suffering the consequences for their actions instead of putting an end to it? Instead of destroying affluenza we make 2 wrongs to equal a right???? disgusting way of thinking
definitely….#povertenza
I actually like this and will share.
Glad you enjoyed it! Thanks for sharing.
Hell Drapetomania was “real” at one time. Why not Povertenzia.
You don’t know how much I love this comment. I was actually thinking of writing about “Drapetomania” as well. Lol, so ridiculous.
Wow!! Great point!!!!!
Intense article. Clear and Concise. I am definitely sharing this. Thank you for writing.
Reblogged this on Ingrid Oliphant's UnCommon Touch.
You know, I’m actually surprised that this shocked me. As a former probation officer, I saw this ALL of the time. However, if a defense attorney tried that crap in the system I worked in, he’d have been not just laughed out of the courtroom but sanctioned for contempt.
Sadly, though, I’m afraid all the talk this incident may create, change nothing any time soon.
I love this. So well written and to the point. This is such a tragic example of what we already know to be true: money and skin color matter more than facts in our justice system. Thank you for speaking up!
The Affluenza defense is particularly ironic because that term comes from a book that was critiquing modern excesses of consumer capitalism.
But yea, the criminal justice system in the US is criminally racist.
The Affluenza defense is particularly ironic because that term comes from a book that was critiquing modern excesses of consumer capitalism
http://www.amazon.com/Affluenza-The-All…/dp/1576753573
But yea, the criminal justice system in the US is criminally racist and classist.
Seems to me, the best cure for ‘affluenza’ would be a swift kick in the behind, and, for once, facing the consequences of one’s actions. Povertenzia, that might be a little harder to deal with, but we have to try.
You hit the nail on the head with this one. I want to do a video blog and add a link to your article.. good read.
This is a very serious matter and aside from the fact that its an ongoing epidemic, it does not undercut the severity of the evil waged against black and brown skin. In all truth, it would have been better for those who are apart of the race committing these atrocities to have never been born.
Psalms 92:4-7
4 For you make me glad by your deeds, O LORD; I sing for joy at the works of your hands. 5 How great are your works, O LORD, how profound your thoughts! 6 The senseless man does not know, fools do not understand, 7 that though the wicked spring up like grass and all evildoers flourish, they will be destroyed forever.
Psalms 58:1-5,9-11
1 Do you rulers indeed speak justly? Do you judge uprightly among men? 2 No, in your heart you devise injustice, and your hands mete out violence on the earth. 3 Even from birth the wicked go astray; from the womb they are wayward, and speak lies.
4 Their venom is like the venom of a snake, like that of a cobra that has stopped its ears, 5 that will not heed the tune of the charmer, however skillful the enchanter may be.
9 Before your pots can feel the heat of the thorns— whether they be green or dry—the wicked will be swept away. 10 The righteous will be glad when they are avenged, when they bather their feet in the blood of the wicked. 11 Then men will say,
“Surely the righteous still are rewarded; surely there is a God who judges the earth.”
Jeremiah 5:26-30
26“Among my people are wicked men who lie in wait like men who snare birds and like those who set traps to catch men.
27 Like cages full of birds, their houses are full of deceit; they have become rich and powerful 28 and have grown fat and sleek. Their evil deeds have no limit; they do not plead the case of the fatherless to when it. they do not defend the rights of the poor. 29 Should I not punish them for this?” declares the Lord. “Should I not avenge myself on such a nation as this? 30“A horrible and shocking thing has happened in the land: 31 The prophets prophesy lies, the priests rule by their own authority, and my people love it this way. But what will you do in the end?
You are not helping anyone… i just want you to know that.
lol yes that was just needless and confusing
What are you trying to accomplish here?
Eric, they don’t get you, but I do buddy. I see the truth….
Wow Jake, Amy, and Sansa. This world is so corrupt because of human reasoning and selfishness. Finally when someone tries to bring in true wisdom and understand, he gets ridiculed for it? Not cool.
True wisdom?? It’s fiction quoted from a fictitious book. Let’s stick to the facts. What do we know for sure? White/wealth privilege certainly exists in the US justice system, and it needs to end. Period.
“Affluenza” was a clever play on “affluent” and “Influenza.” Povertenza doesn’t really work. You should’ve really went with something like Povertitis or Premature Improverization 😀 All of these would be in the family of PTSDs (Post-traumatic Socioeconomic Disorders).
Povertenza is the same thing – a clever play on “Poverty” and “Influenza”
I would’ve gone with “impoverenza” — or maybe “poverty nervosa.”
Those who get sleepy after eating heavy meals during their lunch break at work should tell their bosses that they demand an extra hour because of their “postprandial somnolenza”. Certainly bosses should understand that it’s not our fault that we fall asleep during those long meetings after hearty meals. Blame it on the MSG! Blame it on the heavy carbs!
I would just like to point out that although skin color is a factor in economic disparity, i am white and i grew up in poverty as well… I just want to say that injustice is mostly because of financial reasons, not skin color, although i do agree that skin color is a factor in the likelihood of being born into wealth there are a lot of diverse ethnic backgrounds in low-income communities all across america, and those people suffer the same injustices as well. All in all, i agree with this article, but i do want to point out that as american people we are stronger when we stand together and the real enemy is the increasing gap between socio-economic classes, but hey i’m just a regular guy who is suffocating under the increasing profit/wage margin that “The 99 percent” of us are a victim of.
False> “91% of D.C. Pot Charges Are Filed Against Black People, Only Six Percent Are Filed Against Whites.” Moreover, blacks have lower marijuana usage rates than whites.
I am already cringing at the thought of potential comments trying to explain away this fact without the culprit being mainly racial bias.
Please, If you read this and feel tempted to do just that, resist the urge. First follow the link below to understand why it is already widely accepted by researchers that the cause is mostly racial bias and not other intervening variables things (i.e blacks getting caught more, etc).
Click to access Kang%20et%20al.,%20implicit%20bias%20in%20courtroom%202012.pdf
First of all I would like to point out that not allowing counter points in a discussion is a very inefficient way to communicate, and I am not trying to argue. I just know that 95 percent of my family has been hopelessly trapped in the corrupt criminal justice system as well, as a result of poverty, domestic violence and self-preservation in violent neighborhoods. I’m sorry that this is such a point of contention for you that you cannot understand my point is not to argue about the presence of racism but to try and shed some light on why it is not getting better. I genuinely tried to follow your link but it is broken. I wish you the best and I apologize for any offense I may have caused to you, but I am not your enemy, I want to fix the problems ailing people who suffer as a whole.
His point was not that racism doesn’t exist. It does. His point was that many different cultures and races suffer from poverty, and they are unfairly judged in courtrooms because of it.
What a lot of black folks see here is wealth being used successfully as a defense to give a white kid a hall pass for a crime for which a black youth, regardless of financial status, would’ve been thrown *under* the jail. Would little Ethan Couch have got the same hall pass had he been rich and black? In California, maybe…but this was Texas.
Thanks a lot for expressing all I wanted to say. This is sad and true. The American justice system severely punishes the poorer for doing the same things rich people do.
agreed
The solution is don’t be, poor stop whining around and get to work. When you sat blahblah not everyone one can be rich this is not true. IF you are black or poor you can go to college with lots of aid. You can go to community college. You can work and put money aside to start a business or invest. You have control over you life. Yes, some have it better If you wanna have it better then make it better
I think I want to marry you. Big Love Style because I need a sister wife with a brain like yours.
This lunacy had my head exploding.
This story makes me sooooo angry!!! Not because of the justification of affluenza, but for the lack of justice for the families. This is like spitting on their graves. FOUR PEOPLE DIED!!! I hope they appeal the sentence and give him a much harsher one. Giving him 10 yrs probation only exacerbates what they are arguing. He was never punished for anything bad he did so when the time comes to actually serve a just punishment, he is not punished.
Giving him the opportunity to turn around and do something even more heinous the next time.
The very last thing you want is to allow prosecutors to have sentences increased due to public outcry. Don’t you realize who that would directly affect the most? (hint: it isn’t people with money).
We already incarcerate far too many people for far too long, this ridiculous case aside…
Reblogged this on revealing eduHate and commented:
As much I want to believe being Black (or a person of color) is NOT a risk factor, the criminal justice system always finds a way to give me a reality check.
Very interesting points made in your article. I will try and figure our a way to make it and your newly coined phrase a discussion item in an undergrad prelaw class I teach.
Excuse. Should have saved for a decent lawyer,
http://www.anorexicesca[ades.com
The word you’re searching for is TOO-BROKE-ULOSIS.
Yes! Win!
Exactly. Well said and well worth sharing! ❤
Reblogged this on nonviolentrage and commented:
Wow. I was asking myself whether the beginning was ableist, but then I saw the “affluenza” bit, which is really the reason for the sarcasm.
I was gonna say: Not just “povertenza” but also “racisma” is at play.
Killing people while drinking, even though the act of drinking is on purpose, the killing is not. While robbing or possibly shooting someone is a direct act of one committing a crime. The person doing the latter is aware of the reward of what he will get by robbing the person. Some one drinking and then causing the death of someone, is in fact the result of deciding to drink and drive yes. But there was never a plan to harm someone else in the commission of driving. Big difference. Comparing apples and oranges. I do like that word though. I can see it being used in the future.
Drinking and driving is also a criminal act…I don’t know of a state where it’s not illegal.
I’m sorry but that just doesn’t fly. That’s why it’s usually called involuntary manslaughter or vehicular manslaughter because while he might not have had the intention to kill someone he did chose to drink (while under age mind you) and then get behind the wheel. Which is a crime, so he did kill someone while committing a crime. Those were his choices and those choices cost four people their lives. Everyone knows that if you drive drunk you may crash and hurt someone. Everyone. Just because he supposedly didn’t realize he would have to face consequences for his actions doesn’t mean he *shouldn’t* face those consequences. Ignorance is no excuse for the law. It’s not apples and oranges because killing someone while robbing them and killing someone while drinking and driving are both killing while committing a crime. Both have risks and everyone knows those risks, jail.
To drunk drive, with intention to harm or no, is to acknowledge the risk of harming/ killing another person and to proceed to disregard it for the sake of personal convenience. Despite this, I personally can’t find it in me to condemn the kid. He took lives, there’s no shirking that. But he, like we all did at some point (in my case currently), suffers from “IAmATeenagerTheWorldIsMineIAmNotAccountableForMyActionsSoLongAsNobodyCatchesMeSoIDon’tNeedToConsiderAnythingAfterMeDoingThisAndBeforeMeGettingBustedYOLO.” We live in a world where teenagers do dumb things; at some point we are all forced to accept that and try our best to keep havoc to a minimum (I.e. parenting, counciling, legal intervention if all else fails). The kid simply didn’t deserve an ungodly sentence in prison for one awful night that’s probably going to haunt him somewhere down the line, end of story.
It gets to be a problem when you realize that those same considerations are not taken for MINORS when it’s a toss up between human decency and “Money? Where?” It makes the matter worse when you consider that there are people on both sides of this system that bring an us-vs.-them mentality to the matter of a child’s future (honestly, how many posters do you think wanted that kid to suffer more because he was rich?).
Bluntly, things are f$@!’ed up. Until the social climate changes to the point where across the board people can recognize that all children are our future and therefore everyone’s responsibility, those very children will continue grow up to resent portions of the world for shunning and judging them and they in turn will start to do the same to the next generation.
Huh. I think I see a system here.
The decision to drink and drive, with full knowledge of the potential and LIKELY consequence of harming oneself or others is the equivalent of a conscious disregard for human life.
Very fair point. Even I have to admit that I do stop regarding things as important when I feel it convenient. With that being said, do you feel it wise to assume that every kid who messes up to this proportion feels like no one else mattered at the time? That they won’t feel some social consequence or personal guilt on top of what is sentenced to them? Life is long, and we pay for every second of it.
Some people consider their actions more fully than others. That is, some may think “Yes, there is a risk to driving while I am drunk and people may get hurt, but I don’t really care.” Others may not bother to consider the risks. Either way, the punishment meted out by the law should act as both a deterrent (to those who do think) and a lesson (to those who don’t think).
Also, some people feel guilt for the harm they cause to others and some don’t. Those who feel guilt may be helped by the punishment of the law as a way to “pay” for their “sins”. Those who don’t feel guilt may be helped to at least regret their actions.
The lack of consequences in this case does not help anyone, least of all the defendant.
Damn! You are consistently on point! First with Kanye, now this! Good Lord, go ‘head Black woman!
Reblogged this on Brown Girl. Wild World. and commented:
Was discussing this yesterday over Facebook. Sadly, some people who have never had to wear black or brown skin just can’t accept the truth for what it is… And I understand. It’s hard to accept the harsh reality of this justice system. We want to believe so much that this it is fair but the harsh TRUTH is money and affluence talks and everything else walks…. right into jail.
This is more of a “I have money so let me buy my way out of jail” issue than “I am a rich white person” issue. Rich black people are treated differently than poor white folk as well (think Kobe Bryant). Let’s not make everything an issue of racism when there are clear racist incidents that deserve condemnation (which this is not).
The plight of the Black Man and Woman in the US is explained in the Hebrew Old Testament Bible. The book of Deuteronomy Chapter 28 verses 15 thru 68 will tell of the curses that Blacks have to endure while here in the land of our bondage, spiritual Egypt, because of our disobedience to The Most High and Creator YAH. These curses fit no other people but the original Hebrews, the Black man and woman.
Excellent! You eloquently expressed my sentiments and thoughts. I may be white on the outside, but I am human on the inside, and I am outraged at this blatant ‘money talks’ outcome. My fervent hopes are that the situation is a wake-up call on several levels and that justice prevails for the victims’ families. My thanks to you! I will share!
Black president of a WHITE AMERICA! I expect nothing less! and I’m a veteran.
Couch’s parents can afford to buy their son out of punishment, but they can not buy their son a hair cut?
Some of the words get cut off by the sidebar on my screen 😦
Excellent post btw
Thank you so much for such a well written and provocative article. Provocative not in the scandalous sense, but in the way that it is truly meant; provoking self analysis and questioning everything. Thank you thank you thank you.
What about ADD versus ODD… there are aliments and diseaases for the haves and have nots….
You hit the nail on the head right here ===> “let’s start putting youth from disadvantaged backgrounds in treatment facilities.’ I have a good friend with experience working with youth from all backgrounds who says the only difference in Black and White violence crime statistics is that white kids get medicated for their mental and psychological issues and Black kids don’t. Thus more untreated Black youth and adults act out and over react to their enviroments’ stimuli violently.
Reblogged this on Big Blue Dot Y'all.
I would say, “Let’s start putting youth from ALL backgrounds in treatment facilities.”
I think racism factors in on several levels. I fear that the judge, knowing that people of color make up a disproportionate percentage of men in prison, and knowing that the safety of prisoners is not protected, could not put this blonde boy in prison. This says a lot about how unofficial torture is used by the prison system as a means of control.
It’s a shame that people are ignoring Povertenza. As stages develop it may even lead to Brokitis or Poorlaria, which I might add I suffer from myself, and nobody seems to care about this epidemic. It really crushed me to realize that even our health concerned Medical industry hasn’t stepped in and issued proper medication for patients with these symptoms.
My heart goes out to this victim of affluenza,
better the 4 innocent people than him.
Both are nothing more than irrelevant excuses. The Texas judge should lose her seat on the Bench (she has announced a 2014 retirement), the defense lawyers did what they always do and we wind up with some BS that is akin to (If the glove does not fit (while wearing latex surgical gloves), you must acquit.)
Actions have consequences and consequences need to be experienced to bring change.
Ha, look at all the outrage at someone trying to blame their crimes on their situation BECAUSE HE WAS WHITE.
Black people do this EVERY DAY. And this article isn’t helping. It’s time that individuals are held responsible for their actions, regardless of their skin color and their alleged poor or affluent “advantage” in life.
I would love to see this turn from a black underprivileged/white privileged to a simple underprivileged/privileged argument. Then I could support it. This is only going to drive the separation between blacks and whites further. There are black people who reap the benefits of affluenza and there are plenty of white people who suffer from povertenza. Public officials and politicians who accept bribes are the ones who should suffer the worst punishment, regardless of race!! Come on people, let’s put the argument where it really should be–greedy peoples’ pockets!!!
I find this clever but then confusing. Is your anger keeping you from missing the crack in the door — a judge starting to realize that some people whose upbringing taught them to “only live for today” can live productive lives if given a second chance and serious guidance? While still subject to biases, our legal system is also constrained by precedence and cracks once opened can be wedged wider, even if not as quickly as desired. A good PR move might be to celebrate “genius” lawyers and “enlightened” judges and make others want to win accolades and expand the reform rather than kick the ones who opened the door and calling them hypocrites. Just a thought. And because this woman is saying something really important http://www.youtube.com/watch?v=kSR4xuU07sc and her story could be studied for its lessons.
Thank you for eloquently saying what’s been sputtering on my tongue since seeing Couch on the news. I am appalled that this happened, although it’s not the first time (and won’t be the last) that the affluent get off scot-free for having deep pockets (the OJ Simpson trial comes to mind).
It overlaps with the “white privilege” issue but is not exclusive to it….however, yes, combining “non-white people are scary” attitudes with “poor people are scary” attitudes leads to even worse conditions for all of us.