Groundbreaking California measure would outlaw 'affluenza' defense
Source: Los Angeles Times
... On Tuesday, California Assemblyman Mike Gatto, Los Angeles Democrat, introduced a bill -- possibly the first in the country -- that would prohibit attorneys from invoking “affluenza” as a defense at trial or as a mitigating factor for sentencing.
Gatto knows there is no universally agreed upon definition for the term, which seems more metaphorical than medical. In AB 1508, he defines it as “the notion that an affluent or overly permissive upbringing prevents a defendant from fully understanding the consequences of criminal actions.”
“People often think of the Legislature as too reactive,” Gatto told me Tuesday evening. “Up until last year, for instance, it was not illegal to commit rape if the victim thought the rapist was her husband or boyfriend, and people said how did you let this stay on the books so long? We’re trying to be proactive.”
... “I view this legislation as a line in the sand about personal responsibility,” Gatto said, “but I also view it as a way to ensure that people who come from privileged backgrounds will not get a different type of justice. The Texas case left a lot of people wondering how someone could kill four people and not do any jail time. I think this will change that landscape a little bit by saying this will not be tolerated in California.”
Read more: http://www.latimes.com/local/abcarian/la-me-ra-groundbreaking-california-law-would-outlaw-affluenza-defense-20140115,0,1541503.story
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