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Read the rules in the OP before posting, please.

In order to ensure that this thread continues to meet TL standards and follows the proper guidelines, we will be enforcing the rules in the OP more strictly. Be sure to give them a re-read to refresh your memory! The vast majority of you are contributing in a healthy way, keep it up!

NOTE: When providing a source, explain why you feel it is relevant and what purpose it adds to the discussion if it's not obvious.
Also take note that unsubstantiated tweets/posts meant only to rekindle old arguments can result in a mod action.
aksfjh
Profile Joined November 2010
United States4853 Posts
December 14 2013 18:09 GMT
#14221
On December 15 2013 03:01 sam!zdat wrote:
it's the entire culture in that part of the world. everyone drinks and drives.

Not EVERYONE, but yea. I don't even know if it's the "socially acceptable" part, but probably the "be Texas tough and don't admit you're drunk" part.
heliusx
Profile Blog Joined May 2012
United States2306 Posts
December 14 2013 18:13 GMT
#14222
On December 15 2013 02:51 sam!zdat wrote:
that's exactly the kind of north texas spoiled fuckheads I grew up with

let the little shit rot in jail


Fucking right. I bet he wouldn't DUI again after serving 10 years. Fuck him he ruined god knows how many lives. Committed four counts of vehicular homicide while intoxicated and gets probation while people do real time for doing drugs. That's the opposite of justice. If people have a problem punishing kids who kill others with their car why are we licensing them? Everything about that case smells like shit.
dude bro.
sam!zdat
Profile Blog Joined October 2010
United States5559 Posts
December 14 2013 18:25 GMT
#14223
lock him up in a room with a pile of edifying literature and nothing else to do, tell him he can come out in ten years.
shikata ga nai
JonnyBNoHo
Profile Joined July 2011
United States6277 Posts
December 14 2013 18:30 GMT
#14224
On December 15 2013 02:35 WhiteDog wrote:
Show nested quote +
On December 15 2013 02:19 KwarK wrote:
On December 14 2013 15:25 WhiteDog wrote:
Seriously, did you forget what justice means Kwark ? Did you thought it was about individuals only ?

Because 16 year olds are about to start reading the news and then learning from the mistakes of those who came before them? All 16 year olds ever always believe that they're different and nothing bad will ever happen and that they know best. 16 year olds are universally retarded. This is a problem solved by education, not a vague threat of deterrence.

It's not about the 16 years old kid only. Did you thought justice was only about "FIXING UP" the people who do arm ?
What's justice for you really ? You can discuss the overall way the US consider justice, the morality behind the norm, but saying a specific kid, because he is rich, should not have to respond for his act like another kid is absolutly wrong.

Yeah my bad I added a 0.

And how much social commentary should we really do because of one unusual, and likely sensationalized, story?

A general complaint of the US justice system is that mandatory minimums are too strict and that they dis-proportionally hurt the poor and minorities. And now here we are now saying the opposite - that the law is too lax and discretion is being abused.

I imagine there are facts to the case beyond the headline of "affluenza". What are they? And did the judge really make the wrong call here or is this a positive precedent?
sam!zdat
Profile Blog Joined October 2010
United States5559 Posts
December 14 2013 18:31 GMT
#14225
On December 15 2013 03:30 JonnyBNoHo wrote:
A general complaint of the US justice system is that mandatory minimums are too strict and that they dis-proportionally hurt the poor and minorities. And now here we are now saying the opposite - that the law is too lax and discretion is being abused.


it's not the opposite

duh. your second sentence is a corollary of your first.
shikata ga nai
aksfjh
Profile Joined November 2010
United States4853 Posts
December 14 2013 18:33 GMT
#14226
On December 15 2013 03:30 JonnyBNoHo wrote:
Show nested quote +
On December 15 2013 02:35 WhiteDog wrote:
On December 15 2013 02:19 KwarK wrote:
On December 14 2013 15:25 WhiteDog wrote:
Seriously, did you forget what justice means Kwark ? Did you thought it was about individuals only ?

Because 16 year olds are about to start reading the news and then learning from the mistakes of those who came before them? All 16 year olds ever always believe that they're different and nothing bad will ever happen and that they know best. 16 year olds are universally retarded. This is a problem solved by education, not a vague threat of deterrence.

It's not about the 16 years old kid only. Did you thought justice was only about "FIXING UP" the people who do arm ?
What's justice for you really ? You can discuss the overall way the US consider justice, the morality behind the norm, but saying a specific kid, because he is rich, should not have to respond for his act like another kid is absolutly wrong.

Yeah my bad I added a 0.

And how much social commentary should we really do because of one unusual, and likely sensationalized, story?

A general complaint of the US justice system is that mandatory minimums are too strict and that they dis-proportionally hurt the poor and minorities. And now here we are now saying the opposite - that the law is too lax and discretion is being abused.

I imagine there are facts to the case beyond the headline of "affluenza". What are they? And did the judge really make the wrong call here or is this a positive precedent?

I think the moral of this discussion is that minimum sentencing is too harsh on the poor, and normal sentencing is too lenient on those afflicted with "affluenza." The judge made the wrong call, probably due to an argument we will never hear the full details of.
KwarK
Profile Blog Joined July 2006
United States44336 Posts
December 14 2013 18:41 GMT
#14227
On December 15 2013 03:13 heliusx wrote:
Show nested quote +
On December 15 2013 02:51 sam!zdat wrote:
that's exactly the kind of north texas spoiled fuckheads I grew up with

let the little shit rot in jail


Fucking right. I bet he wouldn't DUI again after serving 10 years. Fuck him he ruined god knows how many lives. Committed four counts of vehicular homicide while intoxicated and gets probation while people do real time for doing drugs. That's the opposite of justice. If people have a problem punishing kids who kill others with their car why are we licensing them? Everything about that case smells like shit.

You're paying for this vengeance that ruins a fifth life on top of the four he took with your tax dollars whereas this way his parents are paying to fix him.
ModeratorThe angels have the phone box
JonnyBNoHo
Profile Joined July 2011
United States6277 Posts
December 14 2013 18:42 GMT
#14228
On December 15 2013 03:31 sam!zdat wrote:
Show nested quote +
On December 15 2013 03:30 JonnyBNoHo wrote:
A general complaint of the US justice system is that mandatory minimums are too strict and that they dis-proportionally hurt the poor and minorities. And now here we are now saying the opposite - that the law is too lax and discretion is being abused.


it's not the opposite

duh. your second sentence is a corollary of your first.

Lack of discretion vs too much discretion. Opposites.
sam!zdat
Profile Blog Joined October 2010
United States5559 Posts
Last Edited: 2013-12-14 18:45:44
December 14 2013 18:43 GMT
#14229
On December 15 2013 03:42 JonnyBNoHo wrote:
Show nested quote +
On December 15 2013 03:31 sam!zdat wrote:
On December 15 2013 03:30 JonnyBNoHo wrote:
A general complaint of the US justice system is that mandatory minimums are too strict and that they dis-proportionally hurt the poor and minorities. And now here we are now saying the opposite - that the law is too lax and discretion is being abused.


it's not the opposite

duh. your second sentence is a corollary of your first.

Lack of discretion vs too much discretion. Opposites.


what's the point of the complaint jonny. use your brain.

hint:

On December 15 2013 03:30 JonnyBNoHo wrote:
dis-proportionally hurt the poor and minorities.


now let's ask ourselves jonny

how do they do that?
shikata ga nai
Nyxisto
Profile Joined August 2010
Germany6287 Posts
Last Edited: 2013-12-14 18:57:55
December 14 2013 18:55 GMT
#14230
I think if we follow sam!zdat's logic we should punish people proportionally to their wealth, no matter what they actually did. Maybe it would help if you stop applying your 200 year old class struggle logic to every topic and every discussion on this planet. It's totally biased to claim that someone who steals because he's poor and an addict can't be held accountable for what he did because society is to blame, but on the other hand if some rich ass kid who has idiotic parents is committing a crime it's obviously their own fault.
JonnyBNoHo
Profile Joined July 2011
United States6277 Posts
December 14 2013 18:58 GMT
#14231
On December 15 2013 03:43 sam!zdat wrote:
Show nested quote +
On December 15 2013 03:42 JonnyBNoHo wrote:
On December 15 2013 03:31 sam!zdat wrote:
On December 15 2013 03:30 JonnyBNoHo wrote:
A general complaint of the US justice system is that mandatory minimums are too strict and that they dis-proportionally hurt the poor and minorities. And now here we are now saying the opposite - that the law is too lax and discretion is being abused.


it's not the opposite

duh. your second sentence is a corollary of your first.

Lack of discretion vs too much discretion. Opposites.


what's the point of the complaint jonny. use your brain.

hint:

Show nested quote +
On December 15 2013 03:30 JonnyBNoHo wrote:
dis-proportionally hurt the poor and minorities.


now let's ask ourselves jonny

how do they do that?

What are you disagreeing over? There's a bad outcome - disparate impact. Often mandatory minimums are cited as a cause. Here, lack of a minimum is a cause. It is a different thing causing the same outcome.
sam!zdat
Profile Blog Joined October 2010
United States5559 Posts
Last Edited: 2013-12-14 19:02:31
December 14 2013 18:59 GMT
#14232
i've never claimed that

On December 15 2013 03:58 JonnyBNoHo wrote:
Show nested quote +
On December 15 2013 03:43 sam!zdat wrote:
On December 15 2013 03:42 JonnyBNoHo wrote:
On December 15 2013 03:31 sam!zdat wrote:
On December 15 2013 03:30 JonnyBNoHo wrote:
A general complaint of the US justice system is that mandatory minimums are too strict and that they dis-proportionally hurt the poor and minorities. And now here we are now saying the opposite - that the law is too lax and discretion is being abused.


it's not the opposite

duh. your second sentence is a corollary of your first.

Lack of discretion vs too much discretion. Opposites.


what's the point of the complaint jonny. use your brain.

hint:

On December 15 2013 03:30 JonnyBNoHo wrote:
dis-proportionally hurt the poor and minorities.


now let's ask ourselves jonny

how do they do that?

What are you disagreeing over? There's a bad outcome - disparate impact. Often mandatory minimums are cited as a cause. Here, lack of a minimum is a cause. It is a different thing causing the same outcome.


the point is that the justice system is systematically biased against the poor. the mechanism by which that occurs is that the rich can afford lawyers who can play tricks with the system in order to get their clients more lenient judgments. this is an example of that. so the two things that you mention are the same complaint. it's completely consistent.

edit: i grew up with these people and there is a pervasive culture of entitlement. they've been gaming the system so long they come to expect it and believe they are above the law. you guys don't know what it's like in texas
shikata ga nai
FabledIntegral
Profile Blog Joined November 2008
United States9232 Posts
December 14 2013 19:03 GMT
#14233
On December 15 2013 03:41 KwarK wrote:
Show nested quote +
On December 15 2013 03:13 heliusx wrote:
On December 15 2013 02:51 sam!zdat wrote:
that's exactly the kind of north texas spoiled fuckheads I grew up with

let the little shit rot in jail


Fucking right. I bet he wouldn't DUI again after serving 10 years. Fuck him he ruined god knows how many lives. Committed four counts of vehicular homicide while intoxicated and gets probation while people do real time for doing drugs. That's the opposite of justice. If people have a problem punishing kids who kill others with their car why are we licensing them? Everything about that case smells like shit.

You're paying for this vengeance that ruins a fifth life on top of the four he took with your tax dollars whereas this way his parents are paying to fix him.


Point is the vast majority of the young that do a similar act could bring upon the exact same point - poor parenting and poor environment. Especially those that are impoverished. If we're really so willing to state it was not the child's fault but the parent's fault for poor parenting, why is there not a vicarious liability case against the parents? Or does vicarious liability only pertain to civil and not criminal?
sam!zdat
Profile Blog Joined October 2010
United States5559 Posts
December 14 2013 19:04 GMT
#14234
their parents won't do jack shit about it, is the point
shikata ga nai
KwarK
Profile Blog Joined July 2006
United States44336 Posts
December 14 2013 19:05 GMT
#14235
Your average person can't afford to give the judge a choice between prison (paid for by the state which probably won't fix anything) and probation + therapy etc (paid for by the parents and may actually turn him into a productive member of society) but that doesn't change the fact that in this case, if the experts are to be trusted, the judge made the optimal decision. Less money means fewer options which means prison might be the optimal outcome for other people but it doesn't mean that the law would be unfairly pursuing those without money while letting off those with.
ModeratorThe angels have the phone box
WhiteDog
Profile Blog Joined November 2010
France8650 Posts
Last Edited: 2013-12-14 19:11:25
December 14 2013 19:06 GMT
#14236
On December 15 2013 03:58 JonnyBNoHo wrote:
Show nested quote +
On December 15 2013 03:43 sam!zdat wrote:
On December 15 2013 03:42 JonnyBNoHo wrote:
On December 15 2013 03:31 sam!zdat wrote:
On December 15 2013 03:30 JonnyBNoHo wrote:
A general complaint of the US justice system is that mandatory minimums are too strict and that they dis-proportionally hurt the poor and minorities. And now here we are now saying the opposite - that the law is too lax and discretion is being abused.


it's not the opposite

duh. your second sentence is a corollary of your first.

Lack of discretion vs too much discretion. Opposites.


what's the point of the complaint jonny. use your brain.

hint:

On December 15 2013 03:30 JonnyBNoHo wrote:
dis-proportionally hurt the poor and minorities.


now let's ask ourselves jonny

how do they do that?

What are you disagreeing over? There's a bad outcome - disparate impact. Often mandatory minimums are cited as a cause. Here, lack of a minimum is a cause. It is a different thing causing the same outcome.

Lack of minimum is NOT the cause. The problem is not even that the kid was released, it is that he was released on the ground that his condition (being rich lol) made him not entirely responsible for his actions, while others in different conditions are considered responsible. I don't see the word "justice" in any of your posts because using that word would force you to think about this court sentence relatively to others (yeah that is justice, it's the social norm in action on all of us, and everybody is supposed to be equal before it) and not only on the specific situation of that kid.

On December 15 2013 04:05 KwarK wrote:
Your average person can't afford to give the judge a choice between prison (paid for by the state which probably won't fix anything) and probation + therapy etc (paid for by the parents and may actually turn him into a productive member of society) but that doesn't change the fact that in this case, if the experts are to be trusted, the judge made the optimal decision. Less money means fewer options which means prison might be the optimal outcome for other people but it doesn't mean that the law would be unfairly pursuing those without money while letting off those with.

Do you envision the society that your view would create ?
"every time WhiteDog overuses the word "seriously" in a comment I can make an observation on his fragile emotional state." MoltkeWarding
JonnyBNoHo
Profile Joined July 2011
United States6277 Posts
December 14 2013 19:10 GMT
#14237
On December 15 2013 03:59 sam!zdat wrote:
i've never claimed that

Show nested quote +
On December 15 2013 03:58 JonnyBNoHo wrote:
On December 15 2013 03:43 sam!zdat wrote:
On December 15 2013 03:42 JonnyBNoHo wrote:
On December 15 2013 03:31 sam!zdat wrote:
On December 15 2013 03:30 JonnyBNoHo wrote:
A general complaint of the US justice system is that mandatory minimums are too strict and that they dis-proportionally hurt the poor and minorities. And now here we are now saying the opposite - that the law is too lax and discretion is being abused.


it's not the opposite

duh. your second sentence is a corollary of your first.

Lack of discretion vs too much discretion. Opposites.


what's the point of the complaint jonny. use your brain.

hint:

On December 15 2013 03:30 JonnyBNoHo wrote:
dis-proportionally hurt the poor and minorities.


now let's ask ourselves jonny

how do they do that?

What are you disagreeing over? There's a bad outcome - disparate impact. Often mandatory minimums are cited as a cause. Here, lack of a minimum is a cause. It is a different thing causing the same outcome.


the point is that the justice system is systematically biased against the poor. the mechanism by which that occurs is that the rich can afford lawyers who can play tricks with the system in order to get their clients more lenient judgments. this is an example of that. so the two things that you mention are the same complaint. it's completely consistent.

edit: i grew up with these people and there is a pervasive culture of entitlement. they've been gaming the system so long they come to expect it and believe they are above the law. you guys don't know what it's like in texas

I still don't see why you think mandatory minimums and judicial discretion are the same thing.
FabledIntegral
Profile Blog Joined November 2008
United States9232 Posts
December 14 2013 19:11 GMT
#14238
On December 15 2013 04:05 KwarK wrote:
Your average person can't afford to give the judge a choice between prison (paid for by the state which probably won't fix anything) and probation + therapy etc (paid for by the parents and may actually turn him into a productive member of society) but that doesn't change the fact that in this case, if the experts are to be trusted, the judge made the optimal decision. Less money means fewer options which means prison might be the optimal outcome for other people but it doesn't mean that the law would be unfairly pursuing those without money while letting off those with.


So by that logic you are saying that exact thing - if you have the money, you can buy your way out of prison. That's a terrible precedent. You're specifically stating that the rich should have this option but the poor should not.
KwarK
Profile Blog Joined July 2006
United States44336 Posts
December 14 2013 19:11 GMT
#14239
On December 15 2013 04:03 FabledIntegral wrote:
Show nested quote +
On December 15 2013 03:41 KwarK wrote:
On December 15 2013 03:13 heliusx wrote:
On December 15 2013 02:51 sam!zdat wrote:
that's exactly the kind of north texas spoiled fuckheads I grew up with

let the little shit rot in jail


Fucking right. I bet he wouldn't DUI again after serving 10 years. Fuck him he ruined god knows how many lives. Committed four counts of vehicular homicide while intoxicated and gets probation while people do real time for doing drugs. That's the opposite of justice. If people have a problem punishing kids who kill others with their car why are we licensing them? Everything about that case smells like shit.

You're paying for this vengeance that ruins a fifth life on top of the four he took with your tax dollars whereas this way his parents are paying to fix him.


Point is the vast majority of the young that do a similar act could bring upon the exact same point - poor parenting and poor environment. Especially those that are impoverished. If we're really so willing to state it was not the child's fault but the parent's fault for poor parenting, why is there not a vicarious liability case against the parents? Or does vicarious liability only pertain to civil and not criminal?

The child is a fucktard but I don't see the public good in ruining a 16 year old's life if there is another way. I'd be happy to see attempts to fix other teenagers who do dumb things paid for by the parents if it was judged possible. Obviously I'm not in favour of scrapping punishment altogether but in cases where it'd do no good and there is another option which would save the state a fortune I see no merit to choosing punishment out of spite.
ModeratorThe angels have the phone box
KwarK
Profile Blog Joined July 2006
United States44336 Posts
December 14 2013 19:13 GMT
#14240
On December 15 2013 04:11 FabledIntegral wrote:
Show nested quote +
On December 15 2013 04:05 KwarK wrote:
Your average person can't afford to give the judge a choice between prison (paid for by the state which probably won't fix anything) and probation + therapy etc (paid for by the parents and may actually turn him into a productive member of society) but that doesn't change the fact that in this case, if the experts are to be trusted, the judge made the optimal decision. Less money means fewer options which means prison might be the optimal outcome for other people but it doesn't mean that the law would be unfairly pursuing those without money while letting off those with.


So by that logic you are saying that exact thing - if you have the money, you can buy your way out of prison. That's a terrible precedent. You're specifically stating that the rich should have this option but the poor should not.

I'm not saying the rich should have this option and the poor should not. I'm saying the rich do have this option and the poor do not. In the news today, wealth creates options. You're viewing it as buying your way out of punishment, I don't see it that way.
ModeratorThe angels have the phone box
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