Defending People

the tao of criminal-defense trial lawyering

Judge Standley and the MADDing Crowd

Defend­ing Peo­ple read­ers know that I am not fond of MADD. There are huge oppor­tu­nity costs and unin­tended con­se­quences inher­ent in a single-issue advo­cacy orga­ni­za­tion hav­ing the polit­i­cal power that MADD has.

Now, using a lit­tle bit of that stick to bring a county crim­i­nal court judge in to talk to high school juniors about dri­ving while intox­i­cated is a great idea. Such a judge sees hun­dreds of 17– and 18-year-olds a year in his court­room because of DWI charges, among other things. He might be expected to talk straight with he stu­dents about the very real dam­age done by alco­hol and drugs. And, indeed, it seems that even MADD didn’t have the arro­gance to expect him to say what they wanted:

It’s very dif­fi­cult,” said MADD South­east Region Exec­u­tive Direc­tor Brid­get Ander­son [who wasn’t there for the talk]. “A judge has their own views and they talk as they choose. We can’t mon­i­tor and script them on what they say.”

Damn straight.

Chan­nel 13 relates, how­ever, that “what was said” by Judge Larry Stan­d­ley (one of my favorite judges) in his talk to Clear Springs High School juniors “has stu­dents and Moth­ers Against Drunk Dri­ving angry.” I guess we’ll have to take Chan­nel 13’s word for MADD’s reac­tion since Anderson’s words don’t match Chan­nel 13’s characterization.

What were the words that allegedly made MADD mad? Accord­ing to one anony­mous stu­dent:

He started going on about how he’s done plenty of things before, weed and what not .… How he’s drove drunk and never got caught. He then started ask­ing us to raise our hands if we’ve ever smoked week or done bars. First of all, our stu­dent body finds it offen­sive that he stereo­types us as drunks when we’re only 16 or 17. I find it quite offensive.

That’s the best you can do, Chan­nel 2? At least Chan­nel 13 was able to find a stu­dent offended enough to go on cam­era and ascribe her indig­na­tion to the rest of her class:

All I knew was some­one was going to be talk­ing to us about drunk dri­ving .… I think his first ques­tion was, “Who in here smokes mar­i­juana?” .… He said that drunk dri­ving was bad and that he’s done it once before, but didn’t get caught .… . It offended me when he stated the fact that most of us kids were going to go out and get drunk dur­ing spring break, to just not do it while we were driving.

Let me dis­pense first with the self-righteous teenagers (is that redun­dant?): if the shoe fits, wear it. You might not smoke weed. You might not drink. (You might, on the other hand, be putting on a big show for your par­ents, but I hope for your sake that you aren’t—drugs, includ­ing alco­hol, are really bad for a devel­op­ing brain.)

But Judge Stan­d­ley wasn’t direct­ing his com­ments only at you. Not all of your class­mates are pris­tine. Some peo­ple in your class smoke mar­i­juana, do bars (xanax) and drink alco­hol. It’s safe to say that in the last year more than 20% of your class­mates have smoked mar­i­juana and more than half of them have drunk alco­hol.

Most” might be a lit­tle hyper­bolic, but get off your high horse: if they drank alco­hol in the last year, it’s not a huge stretch to think they will drink alco­hol next week. And if Judge Standley’s straight talk makes an impres­sion on even one of your 500+ class­mates and keeps him from get­ting behind the steer­ing wheel after drink­ing, it’ll have been worth­while. Your so read­ily tak­ing offense reflects poorly on your sense of your own importance.

Which brings us to the grownups. Accord­ing to Chan­nel 2:

Clear Creek Inde­pen­dent School Dis­trict offi­cials said the talk was too much.

Judge Standley’s com­ments and remarks were not in line with the district’s pol­icy on drug and alco­hol abuse … and it cer­tainly doesn’t reflect the opin­ions of the stu­dents,” the dis­trict said in a statement.

Here’s a news flash from a lawyer who has rep­re­sented lots of kids in alco­hol– and drug-related cases: your pol­icy on drug and alco­hol will not stop kids from drink­ing. The NIDA sta­tis­tics I linked to above are a bet­ter gauge of stu­dent opin­ion than what­ever they’re telling the school dis­trict. 30% of your juniors and 43% of your seniors have used alco­hol in the last month.

There are two approaches to kids and temp­ta­tions. MADD, Clear Creek Inde­pen­dent School Dis­trict, and most of soci­ety take the absti­nence approach: tell teenagers not to drink / smoke weed / what­ever, and pre­tend that they are going to comply.

Judge Stan­d­ley takes the real­is­tic approach: encour­age teenagers not to drink / smoke weed / what­ever, assume that they are prob­a­bly going to do it any­way, and try to mit­i­gate the damage.

The com­ments on the Chan­nel 13 news story are telling. For exam­ple:

I am also a stu­dent at Clear Springs High School. I belive that this judge was unlike the MADD asso­ci­a­tion in that he was not com­pletely nieve, he knows as well as we do that most of the poe­ple in our grade level WILL smoke weed and WILL get drink alco­hol. He gave us enough respect to be hon­est with how he felt on the sit­u­a­tion and made it very clear to NOT find our­selves behind the wheel while intox­i­cated. Par­ents, get over it .…

and

I am a stu­dent at Katy High School and i can tell you that if the judge talked to the stu­dents in the man­ner that par­ents and MADD expected, stu­dents wouldnt pay atten­tion and just talk. I would do it. If a gov­ern­ment offi­cial would talk to us and be hon­est i would lis­ten. Because he DID KNOW that major­ity of kids DO SMOKE WEED AND DO DRINK. if any­thing par­ents should thank him because appar­ently peo­ple lis­tened to him.

The absti­nence approach is naive, and does not work. Judge Standley’s real­is­tic approach may not work either, but it isn’t naive, and at least the kids will listen.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

5 Responses to “Judge Standley and the MADDing Crowd”

  1. Mark Bennett says:

    Stu­dents or peo­ple pre­tend­ing to be stu­dents: I will be ver­i­fy­ing your iden­tity before per­mit­ting your com­ment. Don’t waste your time try­ing to leave a com­ment anony­mously, pseu­do­ny­mously, or with a false email address.

  2. Kendra Svetlik says:

    Dear Mr. Ben­nett
    Tell Judge Stan­d­ley please keep up the good work!!! My son goes to Aldine ISD. We need him to keep fight going. Par­ents need all the help we can get to SAVE OUR KIDS.
    My prayers are with Judge Stan­d­ley and his family.

  3. […] Springs High School stu­dents’ responses to the folderol sur­round­ing Judge Standley’s talk at their school last week (from Face­book): Mickey Carr These are some of my friend’s replies […]

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