12 year old may become the youngest person ever in America to get a life sentence

[trofanji]

This kid is without a doubt a heavy sexual and physical abused kid who definitely doesn’t murder his younger half brother, yes he injured him seriously but called his mom when it has happened. The mom waited for hours before she gets medical help. The doctor said the 2 year old could live if the mom called for help early. This was not a premeditated first degree murder, not even second degree murder! It wasn’t a murder at all. If he called 911 instead his mom the younger brother would still live.
About the sexual abuse claim by DA, the boy does things that he know as a normal practice, because he was himself sexual abused.
And about all the other cases if you look deep into them you will find out that in most of those cases abuse took place. Those children need help not another abuse in adult prisons.

[Lera213]

Most Serial Killers were abused themselves! I will give the DA a little more credit because they know a lot more and I'm sure they had an evaluation also as well as the defense.

Save a child, he gets out at 18 and then what? No family, no money, no mom, no dad, no adoption. So just exactly would he be released? No my town that's for sure. Who would step up and take him in if he is only tried as a juvie? Not me. I have a big heart but by the time he gets out he is already way beyond help.

He I'm afraid is a lot older then 12. You bet this kid has street smarts therefore more like 16.

I do not think the DA would charge him as an adult if they really didn't see another option. You can tell they really didn't want to charge him as an adult but they had to for the public safety.

[BrownRice]

I really think this is one of those "you're damned if you and damned if you don't" situations.

He obviously wasn't give a good deck of cards when he was born and his mother and grandmother are pathetic excuses for parents (they should not escape punishment either). But, what do you do with this "child" if he is put into a juvenile facility and released at age 18? I surely don't want him around my family in the community. I know that sounds very heartless, but it's the truth. And if he is released and offends again, then there will be an uproar amongst the public about how could this have happened?

But it doesn't seem humane to keep him with adults though in a prison system that will most likely damage him further. That seems like a horrible situation, but what is the other solution to keep all of us safe from him?

Regardless of where he goes, someone will have to be delusional to think he will receive any type of rehabilitation.

[Kat]

What do we do then with these children? Warehouse them within prisons until they die a natural death if they aren't murdered by another inmate first?

Since there is no hope or rehabilitation possible for juvenile offenders then why not implement the death penalty for them?

That sounds strident and as if I'm upset or something but I'm not I just don't know how else to word it.

We can only imprison someone on the conviction of crimes committed we can't imprison someone on what they "might do" or to be honest probably will do.

(I'm on iPad my sentence structure suffers when I have to hunt and peck instead of touch type sorry).

We are between a rock a hard place with such youthful offenders committing such horrific crimes, but how can we say to a 9 yr old or a 12 yr old (not this one, he's already offended again I see) but say to a juvenile under the age of 13 that----- you are to be locked away for the duration of your natural life, you can not be and nor will we try to rehabilitate you. You are a monster and society does not want you ever.


Yes, I did read all the well thought out and very good explanations but it really breaks my heart because these kids get a feces sammich when they are born, get more feces sammiches shoved down their throat by every adult in their life and when they act out in horrific and catastrophic ways they are handed yet again that sammich and locked up for life. It sucks for the children and adults that were their victims and for them too.

So freakin sad it hurts my heart.

(But, I don't agree that a child is born evil)

Not arguing just blowing off steam because it really does hurt my heart for all of them)

jmho

[oceanblueeyes]

Originally Posted by Kat

What do we do then with these children? Warehouse them within prisons until they die a natural death if they aren't murdered by another inmate first?

Since there is no hope or rehabilitation possible for juvenile offenders then why not implement the death penalty for them?

That sounds strident and as if I'm upset or something but I'm not I just don't know how else to word it.

We can only imprison someone on the conviction of crimes committed we can't imprison someone on what they "might do" or to be honest probably will do.

(I'm on iPad my sentence structure suffers when I have to hunt and peck instead of touch type sorry).

We are between a rock a hard place with such youthful offenders committing such horrific crimes, but how can we say to a 9 yr old or a 12 yr old (not this one, he's already offended again I see) but say to a juvenile under the age of 13 that----- you are to be locked away for the duration of your natural life, you can not be and nor will we try to rehabilitate you. You are a monster and society does not want you ever.


Yes, I did read all the well thought out and very good explanations but it really breaks my heart because these kids get a feces sammich when they are born, get more feces sammiches shoved down their throat by every adult in their life and when they act out in horrific and catastrophic ways they are handed yet again that sammich and locked up for life. It sucks for the children and adults that were their victims and for them too.

So freakin sad it hurts my heart.

(But, I don't agree that a child is born evil)

Not arguing just blowing off steam because it really does hurt my heart for all of them)

jmho

I do understand your passion, Kat.

But first of all a whole hellavu lot of children are dealt feces sammiches in their lives. Yet juveniles who resort to murder are in a small minority and most of the cases I have read in recent years the motive had nothing to do with the offender being dealt feces sammiches in their lives and much more to do with being self centered absorbed individuals with hair triggers who exploded in a murderous rage when being told 'no.'

In fact I see very few juveniles who murdered their abuser(s).

So who should we protect? The children and adults out in society that will have to deal with these premediated murderers/rapists who gets little or no time in juvey or the small group of juvenile murderers who do kill at will? I have to be honest. My concern is not with the minority who resorts to the most violent crimes imaginable but my concern is with society as a whole including the countless children who deal with feces sammiches everyday of their lives but go on to become productive citizens. Those are the ones I support.

As I have said before, I do not know the answer to this very serious problem our country is facing but I do firmly feel the juvenile system is not the answer when it comes to juveniles who commit the most gosh awful violent crimes against humanity.

IMOO

[Kat]

Thanks OCB , you know I thought to myself I got up this morning and said to myself good grief what does warehousing our youth because they are too violent because we fail them...say about our society.

I don't know why this makes me so upset, I mean I'm really distressed about the thought of children going to prison for life.

[Lera213]

Kat I have a big heart and wish to goodness that no child born would even remotely have a feces samich. It hurts my heart too and I say to myself with all the welfare programs out there why did this child slip through?

Why tonight on my local news I heard of 13 year old being charged with attempted murder for what? They burned a house down knowing people were inside. Reason was? Gang initiation.

If parents fail where do they reach out? If they go to DFS their child will be taken from them and they might get in trouble so they do not seek them out for help but to save a child who has issues is there.

I believe some children's brain during the first two to 5 years of development goes haywire. Something doesn't develop properly. Their environment and what they are exposed to makes it worse. It's like a scar that is not treated and gets so infected that the limb has to come off.

Perhaps since there are not that many cases like this boys, maybe the state should open a special hospital/home to give him constant positive re-enforcement to try save that "Limb"

My heart breaks every day when I hear of any child that is suffering. Until there is another avenue this child's only hope is to be locked up. Hopefully he will serve in Juvie first until he is 18 years old. He will get much needed counseling. If he is much improved perhaps the DA will re-evaluate and commute his sentence. If not, he goes to the big house. Either way the public is safe.

Would I risk another child dying or more? It's a no win situation.

[MagnoliaMom]

http://jacksonville.com/news/crime/2...nds-t-u-letter

But Susana said in her letter that state officials knew of troubles in her home, following her move to Jacksonville months after her husband committed suicide in front of some of the family. Police were on the way to arrest the man for abusing Cristian when it happened.

Even still, Susana said officials from the Department of Children and Families put Cristian and her other children on a waiting list for therapy. The counseling and child care help they promised never came, she wrote.

"Finally after the tragic death of my baby D.C.F. sent a therapist to my home leaving me to wonder why they failed to send one sooner," reads part of her three-page letter from Aug. 27.

Not only is there a cycle of physical and sexual abuse in this family but also a cycle that at 12 you become a grown up. Someone should have intervened 12 years ago. I think they are due some counseling while incarcerated whether it works or not.

Susana's 6-year-old son and 4-year-old daughter are in foster care and could be put up for adoption in a month, Children and Families spokesman John Harrell said. He also said any relatives who met agency screening requirements would get priority when it came to placements.

Can they please not fail these two? Get them some counseling and place them in a safe environment! Maybe they could be children at 12.

[Spurser]

I know this post will anger alot of people. But I think we need to stop being so politically correct and start dealing with these problems. The kid never had a chance. I'm not surprised at all that he turned out the way he did. He's not the first kid to do this and he won't be the last.

My suggestion is to start sterilizing parents from the first moment they are proven to be abusive or neglectful. If a mother and/or her baby is tested positive for drugs at birth, then she should be sterilized at that moment and the baby put up for adoption. Dad's too. If they test positive for drugs, get convicted of a violent offense, or the like, they should be sterilized.

Here's the part that will get everyone really mad. I don't think mothers living in poverty should be allowed more than 2 children. There are great mothers supporting their families via welfare and that's why I believe they should be allowed to have at least 2 kids. But if a parent can't make it with 2, he/she will never make it with more than that. I'm not talking about families who are temporarily on welfare, I'm talking about families who consider having kids to be their means of support (the more kids I have, the more money I get). I'm talking about generations and generations of this way of life. I think everyone receiving government assistance should be screened for drugs. If you test positive, you lose your check, you get sterilized, you get your kids taken away. If you don't want to lose your kids, don't do drugs.

I know drug addicts have no control and can't help it. That being said, we need to protect them (and their children) from themselves. Maybe there could be a policy that allows for sterilizations to be reversed if the person has been rehabilitated.

We will never stop this problem of violence and abuse if we don't take drastic measures. I don't like the idea of the government having control over another's body. But unless you stop the cycle, it will never end.

[trofanji]

Originally Posted by Spurser

I know this post will anger alot of people. But I think we need to stop being so politically correct and start dealing with these problems. The kid never had a chance. I'm not surprised at all that he turned out the way he did. He's not the first kid to do this and he won't be the last.

My suggestion is to start sterilizing parents from the first moment they are proven to be abusive or neglectful. If a mother and/or her baby is tested positive for drugs at birth, then she should be sterilized at that moment and the baby put up for adoption. Dad's too. If they test positive for drugs, get convicted of a violent offense, or the like, they should be sterilized.

Here's the part that will get everyone really mad. I don't think mothers living in poverty should be allowed more than 2 children. There are great mothers supporting their families via welfare and that's why I believe they should be allowed to have at least 2 kids. But if a parent can't make it with 2, he/she will never make it with more than that. I'm not talking about families who are temporarily on welfare, I'm talking about families who consider having kids to be their means of support (the more kids I have, the more money I get). I'm talking about generations and generations of this way of life. I think everyone receiving government assistance should be screened for drugs. If you test positive, you lose your check, you get sterilized, you get your kids taken away. If you don't want to lose your kids, don't do drugs.

I know drug addicts have no control and can't help it. That being said, we need to protect them (and their children) from themselves. Maybe there could be a policy that allows for sterilizations to be reversed if the person has been rehabilitated.

We will never stop this problem of violence and abuse if we don't take drastic measures. I don't like the idea of the government having control over another's body. But unless you stop the cycle, it will never end.

Sorry, but you frighten me the same as those who seeks a death penalty for children.

[Spurser]

I would never want the death penalty for a child. I know, it is a slippery slope when you start talking about saying who should and who should not be allowed to be parents. I know it will never come to this. I've just seen too much pain and suffering that should have never been allowed to happen in the first place.

[reen]

Originally Posted by Fairy1

You bring up another good question. Would he actually be incarcerated with grown men? Our prisons are not equipped to house a child.

He is a child, after all.

He's housed with other juveniles (whom I assume have also been tried as adults, since it's an adult jail).

This kid really didn't stand a chance, did he. Neither, perhaps, did his mother. I wonder what circumstances led to her becoming pregnant at 11-12? Well, obviously she was raped, but by whom? This whole cycle in action here is so tragically sad!

[trofanji]

As the petition mentioned, Shackling Children is wrong! It's another disturbing aspect of the US justice that children are shackled and presented to the public and media like wild animals. It's degrading and it doesn’t fit in a human world.

http://www.change.org/petitions/shac...ldren-is-wrong

[trofanji]

"The court-appointed guardian for 13-year-old murder defendant Cristian Fernandez is asking the judge to approve replacing the Public Defender’s Office with a coalition of private law firms"


http://jacksonville.com/news/crime/2...ublic-defender

[seattlechiquita]

Originally Posted by trofanji

Sorry, but you frighten me the same as those who seeks a death penalty for children.

I hear you. Eugenics is trying to playing god and decide whether someone should reproduce or not.

[Spurser]

I've been thinking about my comments on this topic. Sometimes I get so angry that I speak from the heart before taking time to think things through. I would like to add a few things so you all can understand where I'm coming from.

First, I think we all agree that raising a child is the single most important job there is. What qualifications are required to have a child? One only needs the ability to reproduce and he/she can become a parent. Fertile eggs and live sperm is all that is needed.

We are required to pass a test to obtain a driver's license. We must go to school and pass state boards to practice law, medicine, social work, etc. Think of all the jobs that require education and certification, registration, etc. Would you let a 13 year old loose on the street driving a car? Would you go to a doctor who didn't go to medical school or have a medical license. We don't even let people vote until they are 18. You get the point.

I just don't understand how society can sit back and watch as children are being abused, neglected, raped, killed, etc. over and over again. Yet we allow people that are proven failures at parenting to continue having more children. I am personally sick of trying to put back together lives that are shattered because a "parent" failed miserably. Most of us come to WS and read these horrible stories and are truly disturbed. But how many of us actually see first hand what happens before, during, and after the story? Wouldn't it be nice if these tragedies had never happened in the first place?

[trofanji]

Public Defender withdraws from Cristian Fernandez case

http://jacksonville.com/news/crime/2...fernandez-case

[trofanji]

The problem I have with those cases where children are involved, a lot of people blame only the child, they say the kid is born evil or bad seed. I personal believe each child is the produce of the environment where the child lives in. So Christian Fernandez does what he thought is right, or normal. If he suffered from abuse sexually and physically, for him it was a “normal” behavior because the adults showed it to him. This whole case is not a first degree murder case, it doesn’t come close to a first degree murder case, - or I have the wrong definition of a first degree murder. Yes he injured his half-brother, but he also called his mom for help after he realized that something had going bad. His mom didn’t call 911 for hours. The doctor said if she called for medical help her son would be still alive. No, in this case there is only one to blame the mom, nobody else.

[ohiogirl]

http://www.miamiherald.com/2012/03/2...n-toddler.html
Didn't see this posted. Mother pled gulity.

[ohiogirl]

http://jacksonville.com/news/crime/2...l-battery-case
trial date set for sexual battery charge, 6/25/12.

[CHICANA]

Originally Posted by Spurser

I've been thinking about my comments on this topic. Sometimes I get so angry that I speak from the heart before taking time to think things through. I would like to add a few things so you all can understand where I'm coming from.

First, I think we all agree that raising a child is the single most important job there is. What qualifications are required to have a child? One only needs the ability to reproduce and he/she can become a parent. Fertile eggs and live sperm is all that is needed.

We are required to pass a test to obtain a driver's license. We must go to school and pass state boards to practice law, medicine, social work, etc. Think of all the jobs that require education and certification, registration, etc. Would you let a 13 year old loose on the street driving a car? Would you go to a doctor who didn't go to medical school or have a medical license. We don't even let people vote until they are 18. You get the point.

I just don't understand how society can sit back and watch as children are being abused, neglected, raped, killed, etc. over and over again. Yet we allow people that are proven failures at parenting to continue having more children. I am personally sick of trying to put back together lives that are shattered because a "parent" failed miserably. Most of us come to WS and read these horrible stories and are truly disturbed. But how many of us actually see first hand what happens before, during, and after the story? Wouldn't it be nice if these tragedies had never happened in the first place?

But who gets to decide ? Those currently in charge of protecting our children have proven their incompetence and lack of common sense.

[katydid23]

This SA, Corey, is now the prosecutor in the Trayvon Martin case. I am curious to see how that turns out. Everything I read about how she prosecuted this case against Christian is horrific, imo.

[Spurser]

Originally Posted by CHICANA

But who gets to decide ? Those currently in charge of protecting our children have proven their incompetence and lack of common sense.

The parent. If you want to be a parent and continue reproducing, all you have to do is not harm your child. You don't have to prove that you are a good parent. All you have to do is not kill, rape, beat, starve, chain, burn, etc. your child. It's not asking too much is it? If you abuse or neglect any of your children, you lose them forever and get "fixed" so you can never harm another one. The parent knows going into it that they are responsible for their destiny. People that abuse animals are often forbidden from owning animals in the future. Why are children less important than animals?

To answer the second part of your question: Our system is flawed. If we haven't figured that out by now, we are STUPID. That's why we need a change. I'm just thinking outside the box. I don't give a darn about being politically correct when children are at stake.

[Linda7NJ]

Originally Posted by trofanji

As the petition mentioned, Shackling Children is wrong! It's another disturbing aspect of the US justice that children are shackled and presented to the public and media like wild animals. It's degrading and it doesn’t fit in a human world.

http://www.change.org/petitions/shac...ldren-is-wrong

Shacking a murderer is always a good idea. When humans behave like monsters they should be treated as such.

[trofanji]

Every child is the product of the adults around the child. And NO child is a monster; the monsters are the child abusing adults!

Here are a few more case related links

-Police illegally obtained Christian Fernandez statements

http://jacksonville.com/news/crime/2...statements-sex

http://www.scribd.com/doc/94030126/C...ns-to-suppress

Beside the case story

http://jacksonville.com/opinion/blog...y-fits-threats

http://dallasmorningviewsblog.dallas...unhinged.html/