Should a 12-yr old boy really serve a life sentence without parole?

[Fassa Albrecht]

Source article- 12-year-old Florida boy, Cristian Fernandez, faces first degree murder charge for 2-year-old's death

A 12-yr old boy in Jacksonville, FL, is looking at being the youngest person ever to become a 'lifer' without any possibility of parole.

He allegedly confessed to having kicked and beaten his young 3-yr old half-brother to the point where the young child suffered fractures and blood clots which led to his death. Prosecutors wish to file charges of FIRST-DEGREE murder against him for the killing.

My question to TB: is it right that such a young child is looking at life without parole?

EDIT: I'm very much against this myself. It would be a terrible waste of a young life, and fails to address any mental issues that he likely has. I also believe in forgiveness, something this boy should be given.

[Fassa Albrecht]

Bumpity-bump. I posted this too early...

[6jase5]

This is beyond sad. Neither the 12 year old nor the 3 year old had a chance. Normally I'm quick to come to a verdict but in this case I'm just lost. The only one that I want to punish at the moment is the mother.

[Fassa Albrecht]

What's the age of criminal responsibility in the US?

[MatticusMania]

I think, technically, adulthood or age 18. But then there are plenty of cases where the severity of the crime has caused 15, 16, and 17 year olds to be tried as adults. Im not sure on how old the youngest person tried as an adult is.

In regards to this case, I cant say for sure. The crime is ugly, and I assume some mental professionals will be looking into the 12 year olds mental stability as well as asses motive for the crime. Life is a long time, especially when starting at 12. My guess is, though, that if this kid were to be tried as a minor and eventually released at some point he would be highly likely to commit another offense.

[bassnotbass]

Hell no! He at that age obviously has some form of mental issue as you said. It's highly unlikely he intended to kill. Children that young inherently don't like to harm others. Not seriously anyway. Another point to make is less obvious to some. He did not kill the younger child directly. Yes he died from complications but that would be a very good argument for 2nd degree muderder or even 1st degree manslaughter. In iether case life no parole is off the table. I'm sure defense will bring this up.

[Gubna]

a 12 year old gets life in prison while white collar criminals who screw thousands of people get off.

[Fassa Albrecht]

Originally Posted by MatticusMania

I think, technically, adulthood or age 18. But then there are plenty of cases where the severity of the crime has caused 15, 16, and 17 year olds to be tried as adults. Im not sure on how old the youngest person tried as an adult is.

In regards to this case, I cant say for sure. The crime is ugly, and I assume some mental professionals will be looking into the 12 year olds mental stability as well as asses motive for the crime. Life is a long time, especially when starting at 12. My guess is, though, that if this kid were to be tried as a minor and eventually released at some point he would be highly likely to commit another offense.

You've also got to take into account the fact that's he's 12. A lot of 12 year olds are emotionally immature, and in boys this is more obvious. Looking after a toddler would test most adult's patience and emotions, yet alone someone so young. I'm wondering whether a combination of his age and mental state caused this crime to happen.

[Staccato]

I'll answer the OP with another question...

Should other citizens be walking down the same sidewalk, or share the same roadway, or path with someone that has commited murder without conscience, or as an act of out-of-control rage, or mental defect?

[bassnotbass]

Originally Posted by Fassa Albrecht

I'm wondering whether a combination of his age and mental state caused this crime to happen.

Absolutely! I would think that being abused by his step dad and watching him kill himself might have something to do with it.

[MatticusMania]

Originally Posted by Fassa Albrecht

You've also got to take into account the fact that's he's 12. A lot of 12 year olds are emotionally immature, and in boys this is more obvious. Looking after a toddler would test most adult's patience and emotions, yet alone someone so young. I'm wondering whether a combination of his age and mental state caused this crime to happen.

Of course, and this is why I wasnt speaking to this case directly, but more so the damage that the penal system will have on his development. To me, there are way too many things to consider in the case, none of which I am qualified to answer.

On one hand, Id hate to see the life of a 12 year old go to waste. In the same hand, however, I think this kid has it in him to do something of this magnitude again, even more so after spending the remainder of his youth in juvenile corrections followed by real jailtime as an adult. The kid will know nothing but the prison system as his social construct, and would probably be back in not long after being released.

[bassnotbass]

Originally Posted by Stacatto

I'll answer the OP with another question...

Should other citizens be walking down the same sidewalk, or share the same roadway, or path with someone that has commited murder without conscience, or as an act of out-of-control rage, or mental defect?

The kid is an abused 12 year old CHILD. He needs to be punished, given plenty of mental help, and allowed to be forgiven. HE IS A CHILD!

[Fassa Albrecht]

Originally Posted by Stacatto

I'll answer the OP with another question...

Should other citizens be walking down the same sidewalk, or share the same roadway, or path with someone that has commited murder without conscience, or as an act of out-of-control rage, or mental defect?

Fact is that this kid is likely mentally ill or defective in some way. He's traumatized, and added to his young age and putting him in the hell of a federal prison isn't exactly going to help. If anything, it will make it worse.

[MakiSupaStar]

Sadly, this is what happens when kids have kids. His mom was obviously not mentally equipped to raise him (since she gave birth at 12), let alone a second child, and byproduct is a murderous sociopath that has the capacity to torture and kill an innocent child. I just don't know what to say in this case. I feel that, while the defendant is very young, I also feel that he's too dangerous to be let back into society. Either life in prison, or life in a mental institution like Michael Meyers from Halloween. Sad on all accounts. I'm glad I'm not the one making the decisions in this case.

[elgecko]

Originally Posted by bassnotbass

The kid is an abused 12 year old CHILD. He needs to be punished, given plenty of mental help, and allowed to be forgiven. HE IS A CHILD!

He's also a MURDERER!

[Fassa Albrecht]

Originally Posted by elgecko

He's also a MURDERER!

An emotionally immature and damaged one. You can't exactly compare him to the ones who murder knowing fine and well what they are doing.

[elgecko]

Originally Posted by Fassa Albrecht

An emotionally immature and damaged one. You can't exactly compare him to the ones who murder knowing fine and well what they are doing.

Why not? He murdered someone...a baby, no less.

If you haven't figured out not to kill babies by the age of twelve, you've automatically surrendered your membership to humanity.

[DwaynieAD]

i submit that all people who murder are in need of mental help, so that is a lame excuse for why someone shouldnt be tried for murder.

this kid needs tons of mental help and a very very very very very

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very very long stay in a prison

[basstotheface]

Two wrongs don't make a right.

[DwaynieAD]

Originally Posted by basstotheface

Two wrongs don't make a right.

so putting someone in jail for murder is wrong?