Affluenza: Too Rich To Jail.

The young Texas boy who was given probation for killing four pedestrians and critically injuring two of his companions while driving drunk is less the exception than you may think. Certainly, his defense of pleading guilty to being a spoiled brat is unique. But the end result was not. Instead of going to jail, the Texas youth will be forced to suffer the indignity of attending a $450,000/year California treatment program complete with martial arts lessons and private chef. The horror!

Fact is, the rich and the privileged have always received special treatment.

Likely, most of us can recall at least one incident when someone in our school or community was treated differently because his or her family had money or knew the “right” people. It might have been an athlete before a big game. It might have been the child of a community leader who got a grade they hadn’t earned. Those kinds of things are bad enough. But when they extend to our justice system?…

There are people from poor communities who received life sentences for petty, non-violent crimes while the Wall Street goons who stole trillions from homeowners and investors received six and seven figure bonuses. (Most have not even faced charges, and likely never will.) While the poor rot in prison after being caught with crack cocaine, the rich caught snorting powder cocaine are released with a fine and probation…or sentenced to a spa-like treatment center. Many of the wealthy have even gotten away with murder thanks to their highly-paid “dream” teams of attorneys and consultants.

In some cases, the perps don’t even have to be rich to receive special treatment. After finally being indicted for shooting an unarmed boy, George Zimmerman was allowed to get away with murder thanks to his team of lawyers paid for by the gun lobby.

Of course, the same kind of special treatment extends to large corporations.

After it was determined that a Koch refinery carelessly spilled aviation fuel into the ground water and tried to cover it up, the company was fined…wait for it…a sum equal to less than one day’s net profit from the refinery. And, while BP was forced to pay more than $42 billion for the Gulf oil disaster, a US district court ruled that the company originally responsible for the leak and ensuing explosion, Halliburton, will not have to share in the costs. (It wouldn’t have anything to do with Halliburton’s connection to former V.P. Richard “The Dick” Cheney, would it?)

I guess money and influence can buy happiness, after all. Obviously, they can buy special treatment.

Race Or Economics?

Following the acquittal of George Zimmerman and the ensuing discussion of race by President Obama, conservative race-baiters have gleefully blamed the victims. “It wasn’t Zimmerman’s fault. Trayvon Martin was a young, black thug high on marijuana who had it coming. There’s no race problem. The real problem is the black culture of dependency. Black people are violent…just look at black-on-black violence. Obama is playing the race card to distract people from his failures. Yadda, yadda, yadda…”

Yes, there has been a breakdown of the African-American family unit…just like the breakdown of the white family unit. More and more people are having children out of wedlock, and more married couples are getting divorced.

Still, the race-baiters have a point. According to a report by the Centers for Disease Control and Prevention, 73 percent of African-American babies are born out of wedlock as compared to 29 percent of non-Hispanic white babies. On the surface, those numbers would seem to support racist loudmouths like Bill O’Reilly and Rush Limbaugh. But if you delve deeper, you learn that 66 percent of Native American children and 53 percent of Hispanic children are born out of wedlock, while just 17 percent of Asian children are born outside of a traditional family.

Hmmmm…

That would seem to disprove the right wing talking point that the problem is a lack of Christian values. After all, Hispanics and African-Americans tend to be the most devout Christians of the lot, while Asians tend to represent other faiths, such as Buddhism and Hinduism.

So if the problem isn’t religion, what next?

Right wingers suggest that the issue is IQ. You may remember that Teapublicans recently seized upon a Heritage Foundation “study” that claimed Hispanics have lower IQ than whites. The “study” was the basis of a report that assimilating such low IQ people into the US would cost us trillions. Then some academics examined the “study” and found that its racist conclusions were completely fraudulent. Not only is there NOT a difference in IQ, the CBO (Congressional Budget Office) found that the Senate immigration bill would shrink the nation’s deficit by $897 billion over 20 years.

That leaves only one possible conclusion from the birth data…economics. The cultures with the highest percentage of single-parent households are the cultures that were systematically destroyed by the Euro-American concept of Manifest Destiny; that caucasians were destined to rule; that white people were superior to people of color; that people of color were incapable of taking care of themselves.

Using this despicable philosophy, whites enslaved blacks. Whites committed genocide on Native Americans, leaving them defeated, broken and poor. And whites have routinely discriminated against all other races, denying them the vote, good-paying jobs, safe neighborhoods, and respect. Such conditions have a negative impact on all races. For example, where there are large concentrations of impoverished white people, the percentage of white, unwed mothers dramatically increases, along with violence.

People of color didn’t choose to live in poverty. They didn’t choose to work at meaningless, minimum wage jobs. They didn’t choose to live in slums, poor barrios and on reservations. They didn’t choose to send their children to under-financed schools. They didn’t choose to have greedy gun dealers import weapons into their communities.

They didn’t choose these things anymore than Trayvon Martin chose to take on a gun-toting vigilante with nothing more than a bag of Skittles.

Getting Away With Murder.

George Zimmerman isn’t the first person that the courts have allowed to get away with murder. But he is one of the few to be acquitted after admitting to intentionally shooting an unarmed person. Zimmerman can thank Florida’s ill-conceived “Stand Your Ground” law for that, along with an inept prosecution and seemingly naive jurors.

The “Stand Your Ground” law was created as “model” legislation by the NRA (National Rifle Association) and ALEC (American Legislative Exchange Council) then introduced to state legislatures throughout the country. Designed to protect rootin’ tootin’, gun totin’, cowboy wannabes from prosecution, the law removes any obligation for gun owners to back away from a confrontation. If a pistol packin’ nitwit fears that his or her life is endangered or fears great bodily harm (an arbitrary standard as demonstrated by the Zimmerman trial) it appears that it is now legal to blast away.

Without this law, Zimmerman would have been forced to demonstrate that he tried to avoid a lethal confrontation. Without this law, the jury would have been obligated to convict Zimmerman of manslaughter. In other words, the fact that Zimmerman stalked his victim against the advice of a police dispatcher would have been reason enough to find him guilty.

The ensuing comments of juror B37 also demonstrate a lack of understanding of violent confrontations by the all female jury. The jurors apparently do not understand the difference between a fistfight and a life-endangering situation. Zimmerman’s wounds (and I use the term loosely) were consistent with the effects of a single punch. In no way do they meet the criteria of life-threatening or great bodily harm. Almost everyone who has ever been in a schoolyard fight has suffered worse.

There was no evidence that Zimmerman’s head had been repeatedly slammed onto concrete as he claimed. And that was just one of the flaws in Zimmerman’s story exposed during the trial.

The worst was Zimmerman’s claim that, when Martin was on top of him, Martin reached for Zimmerman’s gun. If the situation was as Zimmerman claimed, Martin could not have seen the gun behind Zimmerman’s right hip, let alone reached for it. Moreover, in the situation described, it would have been impossible for Zimmerman to have reached for it. Martin’s lower leg would have blocked access to it. (Having taught martial arts, including ground fighting, I have been in a similar position many times.)

The prosecution failed to clearly demonstrate this critical point. Had they done so, the jury might have reached a very different verdict.

Even more troubling than the outcome of the trial are the inconsistencies of our justice system and the perverse voyeurism of our media. As Zimmerman was getting away with murder, a Florida woman was sentenced to 20 years in prison for merely firing a warning shot to keep her estranged husband from attacking her. No one was shot. No one was hurt. The clear message is that, if you’re going to fire your gun during a confrontation, you better make sure the shot is fatal. And since the woman is black, the two incidents demonstrate the duality of our justice system.

Such inconsistency, especially the appearance of racism, deserves a serious public discussion…one free of the sensationalism demonstrated by media coverage of the “trial du jour.” Unfortunately, in search of ratings, our media would rather treat our judicial system as a series of reality shows.