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'Affluenza' not a viable defense in DUI deaths, psychologist says

| Thursday, Dec. 12, 2013, 9:06 p.m.

HOUSTON — “Affluenza,” the affliction cited by a psychologist to argue that a North Texas teenager from a wealthy family should not be sent to prison for killing four pedestrians while driving drunk, is not a recognized diagnosis and should not be used to justify bad behavior, experts said on Thursday.

A judge's decision to give 16-year-old Ethan Couch 10 years of probation for the fatal accident sparked outrage from relatives of those killed and has led to questions about the defense strategy. A psychologist testified in Couch's trial in a Fort Worth juvenile court that as a result of “affluenza,” the boy should not receive the maximum 20-year prison sentence prosecutors were seeking.

The term “affluenza” was popularized in the late 1990s by Jessie O'Neill, the granddaughter of a past president of General Motors, when she wrote the book “The Golden Ghetto: The Psychology of Affluence.” It has since been used to describe a condition in which children — generally from richer families — have a sense of entitlement, are irresponsible, make excuses for poor behavior and sometimes dabble in drugs and alcohol, explained Dr. Gary Buffone, a Jacksonville, Fla., psychologist who does family wealth advising.

But Buffone said that the term wasn't meant to be used as a defense in a criminal trial or to justify such behavior.

“The simple term would be spoiled brat,” he said.

“Essentially what he (the judge) has done is slapped this child on the wrist for what is obviously a very serious offense which he would be responsible for in any other situation,” Buffone said. “The defense is laughable, the disposition is horrifying ... not only haven't the parents set any consequences, but it's being reinforced by the judge's actions.”

The psychologist testifying as a defense witness at Couch's trial testified that the boy grew up in a house where the parents were preoccupied with arguments that led to a divorce, the Fort Worth Star-Telegram reported.

But prosecutor Richard Alpert argued in court that if the boy continues to be cushioned by his family's wealth, another tragedy is inevitable.

Although Couch's case was handled in juvenile court, he has been identified publicly by the Tarrant County Sheriff's Office.

It wasn't clear whether “affluenza” has been successfully used as a defense before. Richard Segura, a supervising attorney at the University of Texas at Austin's Criminal Defense Clinic, said he had never even heard of the condition.

“The concept that I did something because I'm rich and spoiled doesn't like a good causation,” Segura told The Associated Press. “It doesn't sound like something that would ameliorate the punishment.”

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