It does treat everyone equally, but each individual case is different which gives an appearance to the ill-informed that it does not.
When this case was first discussed folks were making racial claims of supposed inequality.
But that nonsense was shown the door when it was pointed out that this Judge was willing to sentence a juvenile murderer to the same type of treatment program but no facility would take him.
This is a Juvenile justice issue where the law basically requires rehab and treatment instead of prison.
[...]
All this hoopla about “affluenza” is just ill-informed bs.
As was reported at the time.
And it wasn't a "defense".
It’s easy to forget now. But under now-retired state District Judge Jean Boyd’s sentence, Couch did not walk free.
He was ordered to treatment and probation, a rigid reporting system that some teenagers hate more than prison.
In the news report on Couch’s sentencing, one of his attorneys said as much.
Lawyer Scott Brown said Couch would have to be “under the thumb of the justice system for the next 10 years.”
Prosecutors had asked for 20 years in juvenile and adult detention, but juveniles are rarely transferred to adult prisons.
And we also forget this now.
But Couch’s substance-abuse treatment and probation wasn’t something his parents bought, or something Boyd thought up.
Under Texas law, most juveniles are supposed to be sent to treatment. Judges aren’t supposed to lock them up, unless there is a high risk of violence.
Specifically, the law calls for “treatment, training, and rehabilitation that emphasizes the accountability and responsibility of both the parent and the child for the child’s conduct.”
[...]
Boyd’s sentence was typical in Texas, even with a psychologist’s offhand comment in the penalty phase about Couch’s “affluenza.”
Oh, and we forget this, too: There was no “affluenza defense.”
The psychologist’s comment was an aside in explaining that Couch had no sense of right and wrong and his parents taught him, “If it feels good, do it.”
Blame Ethan Couch, not probation or ‘affluenza’ line