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 
This is not just typical of white individuals. Let’s look at Jesse Jackson Jr. “Former Rep. Jesse Jackson Jr. was sentenced to 2 1/2 years in prison Wednesday for illegally spending $750,000 in campaign funds on personal items, the judge scolding the son of the famed civil rights leader for using the money as a “piggy bank” and sentencing his wife to a year as well.” He basically stole the money and only got 2 1/2 years. Now you have Blagojevich all he did was basically shoot his mouth off. “After he left Freddy’s, the man who once was Illinois’ highest-ranking politician went directly to Englewood Federal Correctional Institution, reporting in at about 12:45 p.m. Central Standard Time. There he began serving a 14-year sentence, his campaign days over.” So this is about entitlement and race is not a factor in my opinion. The system is broke and needs to be fixed. It needs to be equal and non-discriminatory. My dad used to say. You commit the crime you pay the time.
Would you classify Obama as privileged?…. I wonder if he’s the only priviledged non white man in the world… or is he white because he’s privileged? Clearly there is a large majority of white privilege, but race is not what divides us.
I think it might be more accurate to say that race is a secondary factor to entitlement – however it happens. That doesn’t mean it isn’t a genuine factor, even more so for this kid’s black counterparts. But if “affluenza” is a valid excuse, parents should be in jail for child abuse because they willfully infected their children with a disease which led to the deaths of four people. Maybe both should be in jail – parents and child.
Agree…
I agree! Somebody has to be responsible and if its not the child’s fault then the patents are at fault according to the defense
*Ellen
totally agree – I hope the news media keep up the Affluenza news until either this young man is held responsible for his actions (and they ARE his) or his parents are held responsible in some manner.
I agree. A man’s family died, someone should be held accountable..
Very good point Ellen! Hadn’t thought of it that way, but you are 100% right. Thanks for sharing!
Race is not secondary to class/entitlement, it’s another facet of social stratification that is intrinsically linked to other facets–no facet is primary over another. Read on whiteness are property and capital, we actually have more spending power than black people with the same incomes.
That spending power comment makes zero economic sense. I would like to see an actual Forbes article or math equation or citation or something.
Wealth and culture/socioeconomy is absolutely more of a damning factor than race, and if you just think about it you’ll see why. Take this scenario: a well-dressed, wealthy good-looking young black man (who probably gets straight As and comes from a “good” family) approaches you late at night on the street, dressed in a button-down shirt and tie or at the very least a polo and khakis, and he asks you the time in “perfect” polite English. Now, a dirty-looking white guy with his pants hanging down around his knees, a du-rag wrapped around his head, long-hair and a cigarette in his hands slouches towards you asking you the same question in slurred, cursing speech. Who makes you uncomfortable?
Most people, regardless of race, answer the white guy, if they really think about it. Most importantly, MOST PREJUDICED WHITE PEOPLE would answer the white guy JUST because of the way he’s dressed.
There’s nothing wrong with wearing a du-rag, wearing your pants kind of down, or having long hair as a male; smoking’s legal if he’s over 18, and lots of nice people curse. Middle and upper-class Americans just have cultural stigmas against those things. Now, my pants-down-white guy is wearing a stereotype that’s unfortunately been applied to black people because inequalities in American history have put a disproportionate number of black people in the lower socio-economic tiers. But today’s prejudices against black youth really are related to Povertenza, not “black-enza.”
Now put the well-dressed black youth and the pants-down white guy in court, and you see what I’m getting at. I’m not saying that, all things equal, a well-dressed educated black man and a well-dressed educated white man will have the same outcomes, because honestly, those cases don’t comprise the majority of the “unjust sentencing” stories you hear about, so we don’t know. Look back at the news over this year: in almost every major case of unjust sentencing against a black person where the black person LOST, the black person came from a lower socio-economic tier. Every time the black person comes from a higher socio-economic tier (like when the stupid white policeman tried to arrest a black Harvard professor entering his own house), there’s a better outcome (the stupid white policeman got in trouble). All things equal, class is a much more damning factor because we still judge by appearances. We’ve all taken classes and heard in school that racism’s bad, and that’s made a difference in how the country thinks. But no one goes around teaching the kids about classism, which is arguably a deeper wound against the black community. Instead, we’ve got wealthy and middle-class folks white AND black telling their kids that poor black people just didn’t work hard enough, rather than trying to give a kid a hand.
Couch got off because of affluenza. No one on the defense said he should get off because he’s white. I think that’s very telling about where our court system’s come from, and how far our society still has to go before it finds true equality.
You can’t possibly think the court would say to the public that he got off because he’s white, come on
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
You Must be Crazy, When i was in high school, my school expanded the district which allowed kids from farther cities enroll and when i tell you the kids from poorer school had no clue what a projector was, they had no clue of how to enroll into college or who to ask about it, The had teachers giving passing grades even though most of the students were not there or honestly passing students. Hell even when some of those students were legit passing students, they graduated high school only to find out that they have been taught things 4 years behind what they should have been taught. They didn’t know what financial aid was or even a encouraging adult to explain. Poor kids essentially have NOTHING. So what they have to do is work 10 times as hard as a wealthy or middle class kid just to get half of the success that kids receives just from the people his parents know, and i have seen this first hand. A rich white kid in my grade wrecked his car 4 times in 2 years and got a new on every time and had another guy do most of his work, and it did not matter that he did not learn anything because his dad gave him a job with the company he works for. So please don’t say you have control of your life, because most poor kids don’t, They are taught by what they see and hear, and most of the time its things no child should see. But a rich kid can have everything anyone can imagine, even get away with murder and you think poor kids don’t have an excuse PLEASE!
Solution is to not be poor? Are you serious? Either get your head out of your a$$ or the silver spoon out of your mouth. YOU are whats wrong with the world.
I think that everyone who has replied to your comment has done a great job so I will not interfere with their message, I will only say,”you sir are a moron”.
There are people who go to work each and every day who still don’t have the opportunity to put money aside to invest in businesses, because their money is going towards bills like the mortgage, electricity, car payments, food, etc. There are many people in this nation who don’t just sit on their butts and complain all the time. But the sad reality is that there are many people who live from paycheck to paycheck, who don’t have the luxury of saving as much as they could. Like for example in North Carolina, there are many teachers who have degrees, that go to work each and every day, and have to deal with 30-40 kids, but yet get paid nothing.
You are so closed minded and need to get out of your couch and really look go outside and take a look at the world. First off, there are less and less full time jobs and more part time jobs today compared to two decades ago because corporations are trying to save money and cut benefits that a full time gets. Without a decent salary, most poor people are living pay check to pay check, no way they can afford to go to college and not work for some. Some people live in the most dangerous areas and have to maybe walk or take the bus which could be life threatening to them because they cannot afford a car or gas. So you can say that staying at home is safer to some of those people. Same goes for students, sometimes, it is safer to be at home than to go to school. I have talk to most of these people first hand and understand why they do not have control over their life.
That is so true. The old adage, “If the child swears, slap the parent.” is relavent now more than ever.
I don’t think either should be allowed. I understand that people come from different backgrounds, but ignorance is not an excuse. I don’t care if you are privileged or impoverished, if you commit a crime you are responsible for the outcome. Lawyers who use these types of defenses should be disbarred. This is petty and disgusting. The only miscarriage of justice in either of these cases is that the judge allowed this to be used as a defense.
It’s satire….
Oh Kate…LOL.
It really went over your head, didn’t it?
I’d say the chance of creating a change in the poor child by sending him or her to treatment, and then to do community service related to the crime committed is better than that of creating a change in the wealthy child who is accustomed to getting out of trouble. Why? Because, first, the child from a poverty situation isn’t expecting much kindness in life. He is used to feeling helpless. It’s likely that’s what he’s acting against, and angry at. With the feeling that, for once, somebody, a group of somebodies, actually seemed to care about him, maybe he can look at his community service, and the result of what he did, and feel some sympathy for those to whom he caused hurt and pain. Part of recovery is making amends, and this would be one thing that would aid in that part of recovery, as well as part of what little restitution is possible. The fact is, there is nothing that will undo the pain, the injuries, the dying in these things. Not the wealthy families’ money, or the poor families’ emprisoned children. Those aren’t justice, as community service in an ER, or a morgue, or a rehab clinic for patients with permanent injuries would be for a youth offender. Those are revenge, pure and simple. And they don’t bring anyone back or engage any offender in learning anything about what they did wrong.
B.S i hate when people get all ” a black person would never get away with that” your racist if you think that its cause the boys parents are rich and well conected. people it doesnt come down to race any more these days, its all about money and connections! and the quick you people quit being so racially butt hurt you might see that…
you are delusional if you think this way and ignorant.
I second that, K. Josh, you need to pick up some very basic statistics about what colour bodies fill our prison system and what colour bodies live in the most impoverished neighbourboods in this country. Racism is real. Whites are at the top of the food chain and get cut unearned slack in just about every facet of life you can imagine. Unearned.
Definitely, as a poor white man I’ve been driving around without the year sticker on my car since 10/2012 and a busted headlight/turn signal for the last three months and I drive between two large metropolitan areas, quite often at night and in excess of 80 miles an hour, and not in the best of areas either. I have yet to be pulled over. I constantly drive 50 or over in a 40 mile zone two and from work, part of that is a school zone which is technically 25 mph. Again, I have yet to be pulled over for speeding or a fix it ticket, and I’ve had cops follow me for several blocks so I know they ran my plates and saw that I was legal. If I were black I’m pretty sure I’d be pulled over constantly until I fixed the light and put my sticker on.
most crimes are committed by blacks period. Maybe if African American men would stand up and be responsible for their kids things would change for African Americans. Until then keep listening to hip hop gangsta rap and blaming whitey, only a individual can change
Start citing cases where a poor black kid ‘got away’ with something similar.
Love your comment alaina…
Start citing cases where a poor white kid ‘got away’ with something similar as well. It was all about the money in this case
I was going to post a reply, but then I realized from your writing that you clearly don’t understand English, so why bother?
Oh that was a good one. You’re so smart. *slow clap*
Drew, we expect an answer. You’ve got nothing to say for the class/racial biases that continue to let rich people and white people get off the hook on variety of social and legal issues when it wouldn’t be the same for their poorer or black counterparts.
Pardon me, but that isn’t as clever as you imagine it to be; in fact it makes it look as though you are the one with the thinking problem. If she can’t read English to read your reply, then how is she to read your snarky remark? Logic, if fails you.
Who has the money that is the point if you are a minority you are more likely to be impoverished.
B.S. I hate when people get all ‘racism doesn’t exist anymore’ especially when they are WHITE and will never know what true racism feels like! When you people start admitting that racism is real and wrong then maybe just maybe Black people can fully get past it…
It may be a black issue, but not a race issue. You see so many other “minorities”, that work hard and succeed and out perform the white counter parts. Asians from every poor and impoverished part of the world make a successful go of it here the land of opportunity, Hispanics, Indians and other cultures and races’ also become successful here in the USA. Many came here with nothing. So why cant the poor souls that are born here make ago of it. Many in the ghettos have applied themselves and made a successful life. What does it take?
JOSH TAKE YOUR COLOR BLIND STATEMENT AND SHOVE IT DOWN YOUR TOILET,AMERIKKKA RACEISM IS ALIVE AND WELL.
SHUT UP
you make your life what it is, by the efforts you apply
Wow, you’re clearly a moron.
True Josh, they always play the BLACK card.
And its the usage of the term “playing the () card” by people like you that keep racism alive and well, Daf. You can’t offer a single valid counterpoint to what the author said because she was speaking the truth….rich people and white people still get biased treatment in their favor and it’s disgusting. That kid wouldnt have got such a light sentence if he were poor or a minority and you know it.
To have that response to this case in particular is just weird. No one is speculating that the boy was let off because he comes from a privileged background–“I come from a privileged background” was his actual, honest to God defense (I suffer from Affluenza) and the Judge gave him probation because he felt that he DID suffer from Affluenza–which is simply a condition of being rich. This isn’t speculation, this isn’t just “Oh look, a white boy got off and black boys never do.” They flat out said, “You don’t go to jail because you’re rich.” And there doesn’t seem to be any recent precedent for a judge granting leniency because someone was poor. You’re just flat out wrong. Read up on this case.
You are right about allot of what you said, but, the judge was female. I live here and have been following this case since the tragedy happened. This kid has shown NO remorse and his parents are RICH. His father is paying over 50,000.00 for his son to spend 6 months in a country club rehab center in California. Beach front property. Another part of the story that is not being carried on into the National News is that the parents are divorced and this kid has been showered with ‘presents’ from his absentee rich father, including the brand new truck that killed those people. Another point in this story that has not made National News is that the mother of one of the victims begged the judge to go lenient on this kid, because it would not bring her daughter back and he was so young there was no point in ruining his life too! I don’t think this kid suffers from Aluenza.. I think it is Sociopathy. He has no conscience. He does not seem to care what he did to those people and or his own friends. That little punk makes me sick!
Being rich and connected is not racism… dude, it’s capitalism or a form of elitism….. Go back to school and get a refresher course because you wreak of ignorance
You have lost your damn mind but that shows you don’t have the capacity to walk in another man’s shoes…I have experienced the system and I am far,far from broke…My race definitely was against me…luckily a technicality happened because I was definitely innocent of the crime and the charges were finally dismissed after a year of BS!!!!
Lil Wayne, T.I., Vick, Plaxico Buress, Wesley Snipes are all way richer than this kid, never murdered anyone, and they still went to jail. Try another excuse
My position, and that of many others probably here on this forum, is that money and connections are still linked to race. You would have a freed slave act as if everything was fine after the Civil Rights Act of 1964 or perhaps the Emancipation Proclamation.
I want you to acknowledge that if a group of people were barred from holding jobs, or office, or voting, or having decent education for decades that this would cause differences in their economic opportunity long after discriminatory laws were supposedly done away with because the prevailing view in society remains that certain people are just not quite equal at some level.
I’m not going to call you names. I want to help you understand this position.
Comparisons like those are stupid. The author makes it seem like there are no non-black impoverished children. Looks like just another excuse to point fingers at people. Take a stand, but don’t always play the black card for everything. Yes, both of those are stupid, as Kate mentioned above, but there are also white, Hispanic, etc. kids who live in less than desirable conditions (me being one of them). What about them? Why do you make it about just black impoverished children? ‘Cause it’s easier.
How do you know she didn’t mean black kids (impoverished or not) and impoverished children (of any race) ? The sentence can read either way…
Because she specifically said, “The next time someone tells you that there is no such thing as “White” privilege…”
That’s why!
here’s a question for you to consider then…would you rather just be impoverished or black and impoverished? miss me with your privileged bs. What’s easier about acknowledging that being black affords you so many less privileges than being white? You can understand that being poor puts you at a lesser advantage but can’t grasp the same for being black? Look up statistics about how when white and black people commit the same crime, black people statistically get handed longer and harsher punishments while the white people sometimes get little to no punishment. “Don’t always play the black card for everything” How about go fuck yourself. How many situations where a black person has been killed (unarmed) and the defense looks for reasons to demonize a DEAD person. How about how Adam Lanza was the quiet, friendless boy and Trayvon was the thug. Which one killed children and adults and which one was killed? Listen, in your defense you’re someone who’s never noticed how badly we (yes, I am black and you can use that in the face of cold hard stats – read that facts – all you want to dismiss my point) have it. I would love to NEVER have to play the black card as you call it – as if people like you don’t always dismiss my very existence as a CARD to plat- but the fact of the matter is that we live in a country…a world where white supremacy is prevalent and shoved in our faces.
Maybe you would be better off if you make an actual effort instead of pointing fingers at people and pitying yourself. How many privileges do you get? Don’t get me started on affirmative action. Aren’t we all equal? Isn’t that what you are fighting for? Then why are you asking for more and more privileges? That just makes you a huge hypocrite.
Point is that in this particular case, you should focus on the core – how absurd it is regardless of the person’s ethnicity, rather than twist it as ‘white people are bad’. But I’m not surprised, always looking for the easy way out (pointing ethnic differences).
John,
It is such a shame when white people do not acknowledge their privilege. . .in turn highlighting their obvious ignorance! Affirmative action is in place for a reason. . .because we are only 50 years past some of the most horrible acts of violence against innocent people of color. (Four young girls targeted and killed in the bombing of a CHURCH comes to mind?!?) In MOST of the crimes committed during the civil rights era (only 50 to 60 years ago) no one was EVER brought to justice!?! Why WOULDN’T black people feel that there is an unjust slant towards white privilege?! (Not in every case. . .nothing is in EVERY case!!)
We AREN’T all equal in many cases. . . I’m sorry that the truth offends you. Commenting that the previous poster should “work for it” instead of “pitying themselves” is another red flag of your ignorance. There are millions of strong, affluent, hardworking men and women of color that have to work HARDER than you or I ever imagined to dispel myths and stereotypes and be considered viable candidates. And even then many people with your mindset make comments like, “she’s really smart for a black lady. . . He’s a great business man even though he’s black.”
You take offense as if she was saying “white people are bad.” It makes you sound even more guilty. Her intent was not that “white people are bad” simply that inequality is still a fact.
People like you say, “why do “THEY” (already alienating by defining yourself as the opposing party) get BET. . .there’s no WHITE entertainment television?! FOOLISH. . .there is. . .it’s just called t.v. . . .pretty much EVERY channel?!? Try looking at greeting cards. . .unless it’s the “mahogany” brach created by hallmark. . .every face is white!?! There are examples like these all around us!!
And YES. . . I AM WHITE. But I’m not blind or confused!! It is more offensive to deny the existence of the reality of racism then to bluster and balk at the mention of it’s presence. It implies that black people are delusional or whiners (as you put it). Nothing could be more offensive!
Again, it has been 50-60 years. . .hundreds of unsolved crimes and deaths. . .and still no one is paying for it?! The families are still with us. . .some in their 60’s and 70’s and they are conditioned/encouraged by society to forget and “move on”?! Still. . .
@John It’s evident that she’s advocating for the general Negro public, not for her particular case. Get that straight. Furthermore, being black alone in the United States does afford you less privileges and rights to some extent. Cases in point: Oprah’s denied handbag purchase. Trayon Christian’s pounding skepticism of his affording a $349 belt. Trayvon Martin. Broadnax’s imprisonment because the marksmen’s weaponry skills weren’t up to par that day. Any of these people impoverished? No. That is part of the unfortunate reality.
In this particular case, Mr. Couch is five years away from his drinking age. He mowed four people over. All of them dead. The facts obviously scream injustice, but apparently he’s above the law today. He deserves to be imprisoned, but is he? Where’s the equality again? If equality was a universal belief, the defense lawyers wouldn’t have used Affluenza as their argument. Moreover, because this ‘equality’ is what blacks (and other disadvantaged minorities) are fighting for, you don’t need to second-guess that they deserve more privileges. Regarding the ‘malevolence of ‘white people”, analyze the ratio of ethnicities specifically within the US judicial system (not in general). Let me know how heavy of an influence the minorities have in verdicts. Go do your research and try tightening those loopholes.
If you deem this as some desperate defense to her comment, view it as you wish, I couldn’t care less. The fact remains that Negroid status is a catalyst for potential disservice and equality has an odyssey to go in attaining a harmonious balance.
@ John actually affirmative action is the worse example of black privilege you could’ve cited. After all, affirmative action has had the strongest effect on white women (Remember AA applies to race, disabilities and gender). African Americans in college have seen very little increases in attendance and in the employment market remain twice as likely to be unemployed as whites. During the same time, white women have exploded in college attendance and the marketplace. Affirmative action by the data helps white woman more than any other cohort. White privilege is “real” and ever present. Even I, an Ivy League graduate from Dartmouth am unemployed (I’m black by the way). Studies show that while highly qualified blacks benefit little from their enhanced qualifications, whites certainly do. I see it with my friends and my peers and its not all caused by overt racism; it goes well beyond that.
What gets me about articles like this is how Whites always comment about ‘ black cards’ and ‘white inequality’ where they know that they get lighter sentences, they don’t suffer from racial profiling, they are not shot just because, and they are not targeted as thugs but yet everyday, there is news of them shooting and killing (each other) by the multiples…then they want sympathy and understanding….. Whites have been playing the white card for centuries and they are too selfish to understand other cultures with issues
@luvrina CL: that’s the whole problem. . .some white people don’t understand or believe that there IS a “white card”! The sad part about a conversation like this though is that it causes us to speak in generalizations. It’s the whole nature of the argument. . .large scale generalizations. But there are white people who believe in the struggle and understand that we can never FULLY understand.
@Alex – I agree with everything you said except for the Oprah handbag point. She was denied entry into a store after it was closed in Paris, so that wouldn’t prove racism or racism in the U.S. That, in fact, was an unfortunate example of “Affluenza” as she felt she deserved to have the store reopened for her simply because of her status and wealth. Oprah has suffered from racial discrimination, but that was not one of those times.
While this statement, “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.” is making a false assumption that white people are all affluent and not at all poverty-stricken, I know that there is such a thing as white privilege. Just as there is hetero privilege and male privilege. This kid is a wealthy, white, straight male. He had all the right cards in his hand. There are plenty of poor white kids who commit stupid crimes, but it is true and likely that the black or Hispanic kid who is poor and committed one crime would be treated more harshly than the white kid who is poor and committed the same crime. It’s a very tragic state of affairs and, while we’re making progress in this country, this ridiculous and transparent ruling just set us back decades. I cannot, for the life of me, figure out why this kid is given compassion for his parents never stepping up to the plate just because they are wealthy while so many other kids aren’t given any compassion or hope when they’re parents never stepped up to the plate and suffered through poverty. Why is the line of demarcation here an economic status that only affords endless opportunity when the lack of parental guidance is exactly the same? The rich kid had every opportunity but thumbed his nose at it and wound up ruining countless lives while the poor kids have been taught that they have no hope or chance, but would probably embrace a second chance and someone being there to help them find opportunity.
I acknowledge your existence, however, instead of whining about how ‘ALL black people’ are getting a raw deal all the time, why don’t you try to do something constructive to change it? Using profanity, discredited your statement. You had me until you did! An educated person (of any color) can have this conversation without resorting to profanity.
I do acknowledge that allot of the ‘other races’ get off easier than the black people who have committed the same crime, but, how many ‘other’ crimes has that same person committed, compared to the ‘other races’?
I don’t think this punk got off because of his race. I think his RICH father bought a judge. Plain and simple!
@ dionne I wish I could hug you! 🙂 and to John the author barely mentions race it’s about impoverished children period! It’s never about pointing a finger it’s about stating facts. You’ll never fully be able to empalize with impoverished people until you open your eyes! Impoverishment is real and the life long suffering( mentally, emotionally and financially) that kids go through as a result is also real. Until those aspects are addressed and/or changed a child’s mind set is greatly altered! So punishment of any sort may not be fitting for that child. That is the only point trying to made.
@Nia Absolutly! 🙂 hugging back!
Um could it be that she mention black impoverished more because she is also black and can relate….
Lets at least come up with a better way of saying it than “povertenza.” How about povertitis?
It’s a play off “affluenza” which is a play of “influenza” which is the flu, and not even a mental / emotional ailment. The lawyers who represented Couch were jokers. I wouldn’t be surprised if they’re just as shocked as we are that the judge bought it.
This is such a disturbing situation. I have read of other hit-and-run or DUI situations where a teen was at the wheel and someone died, in Texas. Every kid I’ve EVER heard of committing these crimes – be they black or white – ALL faced prison time and community service … and NONE of them killed FOUR people and maimed two others! This judge MUST have been bought. Something is seriously wrong in this case.
Unfortunately, because we elect our judges in Texas and they depend on political contributions to gain and then remain on the bench, they are all “bought” one way or the other. I hope this Tarrant County Judge is thoroughly and publicly investigated and voted out of office soon. I am not holding my breath.
Unfortunately, she announced her retirement at the end of her term this summer. Her term ends next December. Which all makes me even more certain that she accepted money for this ruling, because she didn’t ever have to worry about being reelected again.
Couch’s defense team just made him the most hated kid in America. Rightfully so.
Actually the author DOES account for races other than Black. You just chose to see only Black. She mentions, “black and poor youth”, not poor, black youth. Furthermore, she mentions, “…there are millions of under-privileged youth across America…” That says nothing about what race they are. Are you then assuming that all under-privileged youth in America are Black? Maybe you should re-read the article. Is is possible that the image of the young Black fellow tainted your mind and made you assume that the entire article was about young Black people? If it had been a picture of a young Hispanic guy and the author’s head shot depicted a Hispanic woman, would you assume that she was speaking about young Hispanics in the entire article? Answer the questions to yourselves and open your minds. Of course she does not believe that ONLY Black people are oppressed or disadvantaged. Of course “povertenza” should not be a real defense. She’s making the point that classism allows for absurd privileges. Why do YOU make everything black and white? Yea.
Well said, MM!
Correctly analysed! and oh btw for those of you in denial,,, in this country, if you’re not white, you’re black, that includes hispanics, indians, chinese and all other “races”. Accept it. Embrace it.
Because she specifically said, “The next time someone tells you that there is no such thing as “White” privilege…”
That’s why we’re thinking it!
“The next time someone tells you that there is no such thing as “White” privilege or elitism”
Please finish the quote. She’s saying race is an issue and class is an issue, which makes sense because this country has a long history of trying to limit the economic mobility of minority races. You only chose to see the part about race. That’s entirely on you.
I have a lot of sorrow for people who grew up in environments where their circumstances taught them that doing wrong was right. This can happen in any class for any race. I feel almost guilty that I grew up in a family that was really loving and definitely disciplined us and encouraged us to make good decisions and love people no matter their ethnicity, age, socioeconomic status, and even to love people (wisely) who weren’t kind to us. Yeah, of course, it’s not that hard for me to obey the law, treat people well, etc. etc… but I could’ve been born 10 houses down and be strung out on meth, stealing from people, abusing people, and that would seem normal or even necessary.
A man abuses his son and wife… that son hates his father for it, yet grows up and eventually does the same thing… I feel awful for that little boy being abused, and know that he had little chance of escaping that fate, but it absolutely DOES NOT make it ok or excusable for him to abuse a child or a woman. I think it takes a lot of caring individuals with a desire to step into peoples’ lives and see good change, for things to actually change. We don’t need to wait til that boy grows up and starts hurting someone to help him. I am really challenged by and thankful for people who give of their time and finances… thankful for people who don’t have money that just shift their focus to helping other people with the resources they do have. Lives change, neighborhoods change, but it takes a LOT of time and a knowledge that it is not going to be easy, but it’s absolutely worth it. What I have seen of this has mostly been through a church that teaches us that EVERYBODY has incredible worth, no matter what they look like or believe or define themselves by, and that because we have been loved when we were seemingly unlovable, we have no right not to love and help others. BTW- that church is the most beautiful mix of ethnicities and socioeconomic statuses and we are constantly taught that we’re to love everybody, no matter what, and it is evident that there’s something good and different–everbody is welcomed and it gorgeous. Homeless people and business moguls are true friends, and we all pool from what we have to loves others. Whether we grew up in privilege or grew up in a bad situation (which, honestly… everybody has their mess, and I don’t know a single family that doesn’t have dysfunction–but my “troubles” pale in comparison to kids that grow up in gangs etc.), anyone can help someone else.
More and more I consider how little wealth means. It’s easy to want to chase after it and make that the main goal… but it’s not satisfying. There are lots of rich people who are miserable, so wealth can never be said to equate happiness. I will absolutely say though, that when I stop focusing on myself and only worrying about my (little) problems, and start loving people without making them earn it instead, WHEW… pure joy. And it’s hard… I’ve been worn out, cried myself to sleep many nights because my heart was aching for a friend who wasn’t ready to give up the drugs that were destroying her life & her child’s, ached for a family getting robbed at gunpoint by the neighbors they were trying to help, but BLOWN AWAY that the family’s response was to pray for them and keep helping. I’ve seen a group of poor 20-somethings rally their finances to take a drug dealer’s dog to the vet after the dog was shot when a deal went wrong. I’ve also seen a man living in a homeless shelter, with no teeth, serving at my church (and they helped him get new teeth) and him giving me a beautiful old guitar because he knew I wanted to learn, but couldn’t afford to buy one… just out of the blue he offered, and that is my absolutely most prized possession though it would’ve only cost $100, brand new. The value has nothing to do with the pricetag. He also just hit 7 years sober and I cried like a little baby. I’m just saying, everybody has great worth, every freaking person… and we can all make choices to improve the lives of people around us. That has provided more joy for me than any money or power or fame… and it’s worth living & dying for. Good change happens, and we get to be the ones to make it happen if we’re willing and read to accept that it isn’t easy, but so worth it.
So yeah, peace on earth and all that jazz 😉
BEAUTIFULLY AND TRUTHFULLY SAID…TY
UGH damn this judge! I am college student who got three weeks in jail for a DUI where no one, not even me was harm; the car was actually parked and they did not see me driving. Barely over the limit. But being poor as I am I was unable to get a lawyer or legal counsel other than the often overworked useless public defenders. I am Hispanic but I don’t know if that matter to much; not sure everyone can tell by just looking at me but maybe by looking at my last name.
This cannot be real. If it is this judge needs to go!
excellent post!! Thank you for your insightful viewpoint. I thought the Ethan Couch story was from the Onion at first. I can’t believe this kid is going to get away literally with murder. We need to do more to lift disadvantaged people up and set them on a path to success.
It is not quite as cut and dry, yes,all of these kids need justice.Those who are guilty of crimes need rehabilitation and reintegration into society. That is absolutely true. But in the case of Ethan Couch, it ism my understanding that the judge gave him a sentence that would make him more accountable, not less. If convicted and sentenced, he could be out in two years, and free to do whatever. With the sentence he received, he is watched and in hand for ten years and if he messes up he is in prison for ten. What is wrong is not his sentence, but that others who also deserve to be served justly are not…
The judge could have given him a sentence of five years (until age 21) then revisited the sentence at that time. It’s not a matter that just because he’s a juvenile, he’d be out in 2. He could have been sentenced to spend the entirety of his time until age 18 in a treatment facility, then begin serving a juvenile justice sentence of an additional several years, with the option to go to a corrective treatment facility or minimum security facility for adults at that time.
Or whatever… it is a strange system… that limits a conscientious judge on one hand, and has people in prison for life for breaking archaic prohibition laws and threes strikes on the other… what a mess it is.
Rich. White. Texas. In a courtroom, that’s the perfect storm.
*claps*
You have a WONDERFUL article..I loved it..and then you RUIN it with ONE word..”WHITE”
I know it may seem like this..but imagine if it were a rich black teenager with a similar “affluent” upbringing, same terrible accident, and same disgusting defense. Would you be just as outraged!? I pray that you write out of DEEP convictions fueled by more than RACISM.
David Miculescu
EXACTLY.
It’s not only about racism, it’s about the impoverished. IF it was about some rich black kid the same principals would apply. But the likely hood that a black kid would even get off with 10 good lawyers is minimum, please please please research some everyday crimes, children and adult, all races. And come back and honestly tell me that white rich, or middle class wealthy people dont get lesser or jail time or probation than other impoverished or wealthy people or other races. Facts are facts!
I and the author probably have similar conclusions that rich and black is still not as good as rich and white. Does wealth afford privilege regardless of race? Yes, it does. But does race hold you back at some level? I think it does.
There are many correlational studies and experiments on this topic. Would you like to read them? Or do you just want to live in a colorblind world where no one can ever speak of the racist history of this country and its effects on life in America for blacks, whites, hispanics and other people of color and walks of life in present day?
Can’t even imagine the the affluenza argument would work with a wealthy black boy. I’m white, but I live in a mixed race community and see it al the time. I have benefited from white privilege over and over. I’ve watched friends of color being treated differently. I’ve seen expectations for them be very different. And when my family brought our daughter’s black friend on vacation to a less diverse community? The difference was astounding.
All poor people are treated as “less than”, which I think is the author’s point. But there is an additional “less than”category if a person is not white. If you’ve never observed white privilege, I suspect you don’t live in a very mixed community. (You plural, not dmciul in particular)
Puff Daddy got away with murder. Ray Lewis got away with murder. OJ Simpson got away with murder. The common trait? They’re all WEALTHY.
It’s not a black and white issue, it’s a CLASS issue. If it was a poor white kid, he would have been thrown in jail…just like if it was a 16 year-old elite black kid he probably also would have gotten off. The upper crust – the 1% – playing by a different set of rules is the issue. To the upper crust – the poor white man and the poor black man are the same.
Yours is the best comment on this entire thread. The author just had to go and bring race into it, though…
She brought race into for damn good reason but ye the fact is it’s not about race. It’s about injustice!
Puff Daddy, Ray Lewis nor OJ Simpson ever murdered anyone. Get your facts straight. George Zimmerman murdered someone, this Couch kid murdered 4 people, the D.C. snipers, Muhammad and Malvo murdered close to a dozen people. The difference…Zimmerman and Couch are free as they were the day before they committed their murders. Malvo is serving life with no parole and Muhammad was executed by lethal injection.
OJ didn’t murder anyone?
Ha ha ha ha ha . Denial ain’t just a river in Egypt honey.
You can’t refuse speculation for one group and then speculate on another. All evidence points at least to Lewis and Simpson being guilty and, yes, their wealth and celebrity got them out of the convictions. Zimmerman may have gotten away with murder, but no one else was there to see what transpired. He certainly didn’t approach someone on their doorstep and shoot them in the head without them laying a hand on him. But in all of this, I am speculating just as anyone else offering their opinion would be. The facts are only known by those three men: Lewis, Simpson, and Zimmerman. Therefore, you cannot say that Combs, Lewis, and Simpson didn’t murder anyone but that Zimmerman did. That is illogical.
Sinck, you are blinded by your racism.. those people HAVE committed murder and did get off! OJ has even admitted it, because he knows that he can not be tried for it again!
But you’re making it seem like income and class is divorced from race. It’s absolutely not. Racism is responsible for gross income inequality. See: Jim Crow laws.
Does this make sense to you? If blacks were never able to take advantage of the Homestead Act in 1862 which was responsible for quite a bit of institutional wealth to whites and white immigrants, would that not have an effect on their wealth today?
The effect of inherited wealth is too often underestimated. If you think affirmative action is somehow equivalent to reparations for slavery, I think you are sorely mistaken.
Hear, hear! Let’s compare the sentences of young, black, disadvantaged youths to those of young, white, advantaged youths. Some things, horrid as they are, are obvious. Black youth, poor youth, uneducated youth, youth of parents who are not educated, affluent or white collar are treated far harsher than their counterparts when they interact with the judicial and correctional systems.
And what do you think happens to an incarcerated youth in today’s prison system? Do you think they are rehabilitated and put on a path of success upon release? If you do, I have some lovely swamp land in Arizona I’d like to sell you.
Perfect response!
Reblogged this on Towanda Threadgoode and commented:
Couldn’t say it better myself!
–Towanda
No one.. white, black, latino, asian, rich, poor, etc. should ever get away with a crime such as this. “Couch was shielded from personal responsibility his entire life. Discipline is not a word in his vocabulary.” If its not in his vocabulary, make it! He is responsible for 4 deaths… Affluenza should be tossed as a viable defense, and if you think there should be a defense called povertenza then you are delusional. There should be no easy out, for anybody! The system is corrupt, yes. But the system does work. So we should fix the system instead of changing the system with amendments and provisions protecting certain people.
Agreed. If he is a victim of this “affluenza” then he should be denied the privilege of driving, carrying a weapon, being out past curfew, carrying money, etc. The judge basically determined that he has no conscience. Isn’t that sociopathy? Then he should be removed from society to protect us all from his lack of conscience.
Fantastic! I would like to see someone go before the SAME white judge with a povertenza defense! How would she defend herself, if she rejected this excuse after accepting Affluenza? The thing is, I actually agree with the povertenza defense in cases such as those you describe. It makes sense to consider the stress of violence and other extreme factors. The affluenza defense does NOT hold up though, because the parents and child had a choice, and consistently and knowingly made the wrong choices.
I hope he meets a not-so-kind person in a dark alley… soon. He deserves to pay for what he’s done. Obviously, the judge is corrupt. I don’t think it’s a racial issue, however.
This kids parents must be monsters, also.
There’s a good reason they say, ‘Don’t mess with Texas’
“Afluenza” is only a viable defense in cases where the parents are able to afford an expensive lawyer.
Reblogged this on Be Young & Shut Up.
Maybe inner-city minorities should stop blindly electing Democrats. All the worst urban places to live have been ruled by Democrats for decades.
I love this, and weather you think it’s about race or not. It’s a great eye opener to how far we still have to go with equality!
Thank you. You cut right to the chase. Every time I read about this I’m sickened.
HAHAHAH MUTHAFUTHAZ UZE THA TERM “THE BLAQQ CARD”… BUT MUTHAFUTHA…. THERE WOULD BE NO CARD II PLAY.. IF RACIZM DIDN’T XXIZIT.. JUZT BECAUZE SOME AREN’T THE REALITII IZ.. THIZ COUNTRY WUZ BUILT ON THE BACKZ OF SLAVEZ…. BLAQQ MEN AND WOMEN.. HOW COULD 1 THINK WE HAVE OVERCOME.. WHEN AMERIKKKANZ SHOW CONSISTANT RACIZT BEHAVIOUR… IF THERE IZ A PART OF THIZ LAND THAT SHOWZ UUUUUUU DIFFERENT.. THEN U NEED II TELL UZ ALL THE LOCATION… I HAVE WHITE N MY FAMM.. AND FRIENDZ I LOVE DEARLY… WE LOVE NOT H8…. LEARN AND NOT DISCRIMIN8…. UNDERSTAND, AND NOT JUDGE… THIZ HELL HOLE HAZ A LOOOOONG WAY TO GO STILL.. 4 GOD’z SAKE.. NO AMERICAN PRESIDENT HAZ EVER APOLOGIZED.. OR EVEN ADMITTED THE CRIMEZ THAT WERE COMMITTED AGAINZT BLAQQZ.. BUT ARE QUICK TO TELL UZ… AT THE TIME… IT WAZ LEGAL II HANG A NEGRO.. RAPE THE BLAQQ WOMAN AND KIDS.. CUT OFF PRIVATE PARTZ.. GIVE THE NATIVEZ THAT WERE HERE WAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAY B4 A WHITE FACE BLANKETZ FULL OF DISEAZE.. AND SLAUGHTER THE REAL FOUNDERZ… BUT.. MANAGE TO BE PROUD… SHAME ON U…
Good Read, thanks for sharing. Just hours after reading your story, it was featured on Dateline. Were you aware that he not only killed 4 people but injured 9 others? One young boy still in high school is a paraplegic. His family plans to sue Ethan Couch family for 20 million. Also, Ethan Couth will serve time a treatment facility in California that looks very plush and cost 450,000 per a year. However, his attorney wanted us know that he would not be afforded the things that he’s use to, because he want have his Xbox or be able to drink or do drugs. Wow! That make me feel real good that justice is being served, for poor Ethan will not be able to play with his Xbox or do drugs, but he will live lavishly at the treatment center. Bull.com
Also, the writer touch on the story of Judge Mark Ciavarella Jr, who imprisoned 5000 youth to long sentences for monetary kickbacks. People wake up; prisons are big businesses and our black kids are being locked up with unheard of sentences because the rich wants to get richer. Ethan took the lives of 4 people and he gets probation. Two young black men in Detroit were just sentenced to 124 years in prison for a series of robberies at Cellular phone stores. Nobody died, but they will do life in prison. Now I’m not saying what they did was right, but I am saying in Detroit people are trying to eat and they will do just about anything. Why, because of Povertenza.
Money and Privilege can buy anything in this country, why do you think Bernie Madoff is spending 150 years in a resort hotel? There are 2 Americas, Real America where only rich white conservatives are allowed and Old America were the 99% toil to death for Real America and are expected to appreciate the opportunity.
This isn’t about race, its about money and power, The truth is that you can buy your way out of anything. There’s nothing good in this story. The kid gets the message that he never has to be responsible for his actions. Its perfect, he’ll make a great attorney, senator, head fund manager, or CEO. He’s thoroughly trained now.
It’s always about race, class, etc. Imagine if the rich kid were black, he would have been treated more severely most of the time. There are a few judges that would sentence a white teenager and a minority teenager the same.
Reblogged this on A System of Random Tangents… and commented:
The boy should be locked up. If he really doesn’t know right from wrong, he constitutes a sever risk to society. The judge seems content to let him do it again.
Reblogged this on Call Me Kinky and commented:
I really enjoyed this article. The gap between the “haves” and the “have nots” is still prevelant and the way society treats people of various socioeconomic status is blatantly discriminatory.
While I agree to a point I disagree with this being just a black n white issue. If we are to get past that in America then this card needs to stop being played. Let us be adult about it and deal with it as an issue and not as a color. I agree this defense is total garbage! I know impoverished white and black children who have been incarcerated since I worked in a group home. Wealth should not buy his freedom and I do believe this kid should be serving time he killed 4 people. Unfortunately, not everyone is a professional with ETHICS! Clearly they found someone believable or the education level of those on the jury were questionable! The judge should be investigated and this case should be looked at by a higher court!
Intentional effort by racist #cops 2 arrest #minorities & charged w/ felonies 2 keep them from getting jobs? http://t.co/Vo1uw92NIv #prison –
The Horror Every Day: Why Police Brutality Goes Unpunished | Alternet http://www.alternet.org/horror-every-day-why-police-brutality-goes-unpunished
I might have found merit in this issue…if race had not been brought in for some ‘flavor text.’ The only Mention of race is from the person actually writing the article, on both occasions. I am sick of this back and forwards discussion about race, that shouldn’t even be had. Nothing in either of those previous source articles had anything to do with race except this woman’s perspective. You want racism to end? Stop fueling it with crappy insertions like this. You all seem to think that you should be objecting to any little thing that may even be implied – or not there at all. The best way to end it, is to not Care about it.
The issue itself is despicable, and it says a lot for our country and culture. So much of this country is built on the decisions of a few, but an overwhelming few. Decisions are not as free as those few would have us believe. If someone makes a decision that differs from what they like, they lose funding, or certain key things…that would make any chance at staying long enough to make any changes impossible. But how can someone make any changes, even if they are there, when they can’t disagree?
There is a sickness in this nation, and it’s not Affluenza, or Povertenza. It is malignant and deeply ingrained in the flesh of this country.
Amen, Jacqueline
This is the part were you prove, with evidence, that racism no longer exists, that there are no lasting effects of slavery or the institutions that supported it, that racism is not in any way responsible for differences in income between blacks and other people in this country.
Have fun finding that data! Until you show it to me, I’ll keep believing that racism still operates in insidious ways that we don’t fully realize.
So if we pretend it doesn’t exist it will cease to exist? Interesting theory.
Life in prison? The most that any 16 year old in this case would have spent locked up was 2 years. And is sending a teenager to rehab (where he will be confined), followed by 10 years of probation, instead of prison really that outrageous?
Reblogged this on DRG.
Just to let you know “Most of the children” abused by the justice system in the Cash for Kids scandal and sent to prison were white, as in almost all 5,000 of them, were white. Yes, they were from “backgrounds that are far less privileged than anything Ethan Couch has experienced”, but they were poor white kids. Maybe next time before you want to race bait you should do some research.
Very good Rob, they always say pity me.
This has taught this teenager NOTHING. He AND the parents are at fault for not providing consequences for his actions while growing up. I worked in an affluent high school and saw so much coddling going on it was ridiculous. They don’t want their children to have any negative feelings or try to shield them from any negative situations (not always possible) so when these kids face problems on their own they have NO coping skills and end up with more psychiatric issues than poorer kids. The poor kids learn to be resilient because of all the challenges they face. “Affluenza’ is a made up term and is NOT a psychological diagnosis from the Diagnostic and Statistical Manual. The judge and lawyer should be ashamed of themselves. I don’t know how they can look in the mirror.
How can a rational discussion about this happen when as I read the thread, I notice that people call each other morons, tell each other to get their head out of their asses,write: “your have lost your damn mind”, shut up, and go f#$% yourself? I can disagree with your point of view without attacking you but it appears that some of you are not capable of doing that. That’s a shame. I expect that I too, will get some flack for this from some of you who are intolerant of the opinions of others.
I’m 64 years old and have lived my life seeing racism rear its head in all its ugly forms. From the people who have told me jokes about other ethnic groups and expect me to laugh to being denied service in a restaurant in North Carolina in the 60’s because the person I was with was black. From the snide comments in the teachers’ rooms I have been in about minority children made by the very teachers who were responsible for giving them a good education, to the spitting at my feet by a group of white youths when I was out walking with a black woman, I have seen racism. I continue to see it although it has become more subtle.
Whether what occurred here is racism, bad judgement on the part of the judge, or both is less the issue than the fact that a person got away with being responsible for his actions. I have no doubt that the outcome would have been different had the young man been from a different socio-economic class and perhaps a different racial group.
Great post. I think we need to be more accepting of the possibility of racism coming into play and racism’s role in influencing wealth and income disparities.
We should not say someone is trying to play a race card or any other card for that matter as if every single person is treated equally in this country. Stereotypes work in many ways including race, gender, and physical limitations. We should try to analyze all factors in a situation.