Proposal will ensure the fairness of the legal system for all economic classes
On Tuesday, January 14, Assemblyman Mike Gatto introduced a new bill into the legislature in an attempt to prevent wealthy defendants from receiving special treatment at trial or during sentencing. This bill, known as AB 1508, would forbid judges and juries from accepting “affluenza,” aka the privilege of wealth, as a defense or mitigating factor in a criminal case. In a press release about the new bill, Gatto said, “I think the majority of us believe that people should own up to their actions, and that criminals should not be able to use their wealth or privilege to lessen the severity of their sentences.”
What is Affluenza?
Affluenza is a term that has been around since the turn of this century. It was initially popularized by the best-selling non-fiction book “Affluenza: The All-Consuming Epidemic,” which was published in 2001. This book posits that affluenza, a condition resulting from American culture’s rampant consumerism and focus on financial wealth, is attended by symptoms including debt, anxiety, waste, general dissatisfaction, and the feeling that more is never enough.
Affluenza Enters the Legal Realm
Late last year, affluenza made the leap from pop psychology theory to viable legal defense in a landmark case involving a tragic drunk driving accident. The 16-year-old defendant in the case, Ethan Couch, was driving a Ford F-350 with valium in his system and a blood alcohol level three times the legal limit when he slammed his truck into a parked car by the side of the road, causing that car to slide into another vehicle coming from the opposite direction. Four people were killed in the accident, and more were injured, including friends riding in the open bed of Couch’s pickup truck.
At his trial, Couch’s defense secured testimony from a psychologist who said that in his opinion Couch was suffering from affluenza. The defense argued that Couch’s wealthy, permissive upbringing prevented him from developing a sense of right and wrong or learning about the consequences of his actions. Therefore his actions were as much his parents’ fault as his own and he deserved rehabilitation, not prison. Surprisingly for a trial conducted in the state of Texas, the judge agreed and sentenced Couch to 10 years of probation.
Will California’s Bill Pass?
California is home to some of the wealthiest communities in America, as well as some of the roughest inner city areas. Complaints have already been raised about the disproportionate number of minorities in our jails and prisons, a situation that is probably more the product of economics than race. Anything that will improve the fairness of the legal system across economic lines should be supported by Californians as a step in the right direction but only time will tell if this bill will pass.
