"The Affluenza Defense: Judge Rules Rich Kid’s Rich Kid-ness Makes Him Not Liable for Deadly Drunk Driving Accident" -- Madison Gray, Time.com
The relationship between motive and consequence is a complex one, and is made even more debatable when context becomes involved. Throughout our judicial history, the line between responsibility and exemption remains razor-thin in its subjectivity. If a woman murders her husband, but was abused by him for years, why is this considered different from a murder where the perpetrator wasn’t abused? We take these mitigating factors into account in court, but they present a unique problem. How much and which extenuating circumstances are enough to change the conviction? Precedents are continually being set as new mental conditions are discovered or gain new validity, so we must be able to discern the difference between defenses that are legitimate, and the Twinkie defenses. Twinkie defenses are those, which carry no reasonable justification for diminishing the mental capacity of the defendant. The ambiguity of what we know of the mind creates this conflict, so it is important that we consider the context with care.
A new defense known as ‘Affluenza’ was very recently introduced into this family of mitigating factors. Affluenza claims that when an individual grows up in or is subjected to an affluent environment where the real world is shielded from them, they are unable to make the connection between their actions and their consequences. Affluenza says that the access to an excess of all the things money can buy comes at the expense of all the things money cannot buy. With the absence of even the most basic role modeling of the relationship between cause and...
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In light of the most recent election results I find myself worrying about the countless social and economic injustices that will perpetuate to occur in our country. I dwell on our history, of how our social welfare system created and continues to reinforce discrimination, privilege and oppression. How did we end up like this and where is that “American dream” promised to those within our boarders? Literary works $2.00 a Day: Living on Almost Nothing in America by Kathryn Edin and Luke Shaefer, Nobody: Casualties of America’s War on the Vulnerable, from Ferguson to Flint and Beyond by Marc Lamont Hill, and Bryan Stevenson’s book, Just Mercy: A story of justice and redemption, seek to describe how social injustices and economic issues manifest
In the informational article “A Generation Struggling: Rich Kids are Losing” written by Dr. Brian Carr it states, “It is somewhat surprising that the offspring of the affluent today are more distressed, more reactionary to problems, than other youth. High rates of substances abuse, depression, anxiety, cheating and stealing give a new meaning to “having it all” (Lubbock Online, 1). This quote shows that the kids that have a lot of money have high rates of substance abuse, depression, anxiety, and more. This quote supports the idea that the Socs struggle more in life because they can afford drugs and alcohol so they get addicted to it more than poor kids. In the informational article “A Generation Struggling: Rich Kids are Losing” written by Dr. Brian Carr it states, “Substance abuse, including hard drugs, may be much higher in this privileged group as they binge-drink and use marijuana at rates higher than their matched peer group who are less well-funded” (Lubbock Online, 4). This quote shows that the kids with a lot of money have and use hard drugs and they drink a lot. This quote supports the idea that the Socs struggle more in life because they are more exposed to drugs and alcohol than the Greasers are. However, even though some people state the Socs have more difficult lives, they would be incorrect because the Greasers have more difficult lives because they get beat up, have little to no money to pay bills, get picked on, and the parents do not even care if they are alive or
Having a family of low socioeconomic status inevitably leaves me to reside in a low-income neighborhood which makes it more likely for me to witness the tragedies, adversities and hardships that people go through [not excluding myself]. Being conscious of this kind of environment, and these kinds of events, creates a pressure on me for having the aim to achieve social mobility in order to escape the aforementioned environment so that my own children could witness one less abominable aspect of life. Moreover, my family’s low socioeconomic status does not authorize me the privilege of being raised with the concerted cultivation method that kids of high socioeconomic status are more prone to being raised in. My family did not have the financial resources that granted us access to extra classes or lessons of instrumental classes, swimming practices, karate practices, or any other extracurricular activities that people of high socioeconomic status would be able to afford. This invisible fence that prevents me from these extracurricular activities enables me to having more appreciation towards the hobbies and talents that other people have. Plus, the fact that my family’s low socioeconomic status acts as a barrier from enjoying expensive luxuries in life creates a yearning [in me] to enjoy them later on in my life, in addition to acting as the fuel to my wish of achieving social mobility in anticipation of providing my own children with the luxurious vacations, gadgets, beachhouse, new cars that I could not
According to some, affluenza is so encompassing in its effects on our psyches and our bodies that many symptoms of it do not appear different other more common disorders. Other symptoms are more easily distinguishable.
Nigel Covington, editor of The National Report gives a brief summary at the end of his article stating that James Holmes, who murdered twelve people in a movie theater, will only be charged with illegally parking his car in a handicapped parking spot when he murdered the victims. After already dropping the charges because Holmes is white, it turns out he is not above the law and will have to pay an eighty dollar fine for parking in handicap parking (Covington). Covington makes a mockery about the fact that the only punishment a man who killed twelve people will get a measly fine for parking in the wrong
According to the U.S. Census Bureau, in 2014 African Americans held the highest poverty rate of 26%, with Hispanics holding the second highest rate at 24% (DeNavas-Walt & Proctor, 2015). When comparing this to the poverty rates of Whites at 10% and Asians at 12% in 2014, we see that in America, racial and ethnic minorities are more vulnerable to experiencing poverty (DeNavas-Walt & Proctor, 2015). In addition, discrimination is seen between genders among those living in poverty. Family households of a single adult are more likely to be headed by women and are also at a greater risk for poverty (DeNavas-Walt & Proctor, 2015). In 2014, 30.6% of households headed by a single woman were living below the poverty line compared to 15.7% for households headed by a single male (DeNavas-Walt & Proctor, 2015). Many factors such as poor wages for women, pregnancy associations, and the increase of single-woman parented families have impacted the increase of women in poverty. Children are most harshly affected by poverty because for them the risks are compounded, as they lack the defenses and supports needed to combat the toxicity surrounding them. According to the U.S. Census Bureau, 21% of all U.S. children (73.6 million children) under 18 years old lived in poverty in 2014 (DeNavas-Walt & Proctor,
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A defence in criminal law arises when conditions exist to negate specific elements of the crime: the actus reus when actions are involuntary, the mens rea when the defendant is unaware of the significance of their conduct, or both. These defences will mitigate or eliminate liability for a criminal offence. Insanity, automatism and diminished responsibility are examples of such defenses. They each share characteristics but can be distinguished in their scope and application. Insanity, automatism and diminished responsibility all play a significant role in cases where the defendant’s mind is abnormal while committing a crime.
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