Wednesday, 19 September 2012

Punishment vs. Rehabilitation

As I said I would yesterday here is my piece about 13-year-old Christian Fernandez, who faces life imprisonment for murder and sexual abuse of a minor. This story is a very complex one and I will try and explain it fully, so bare with me.
 
Christian Fernandez has been charged as an adult with first-degree murder of his 2-year-old half-brother and the sexual abuse of his 5-year-old half-brother. Reading further into this story, Fernandez's life is one full of mistreatment and neglect.
 
He was the child of a sexually abused 12 year old mother and grew up in his early years in motel rooms around the use and trade of cocaine in Southern Florida. Fernandez throughout his childhood was beaten severely by his step-farther and even sexually abused himself by a cousin. His abusive step-farther while under suspicion of these beatings took his own life. All this contrived to Fernandez growing up showing signs of his later actions, once telling a counsellor, "You got to suck up your feelings and get over it."
 
 
Fernandez is now a resident in Duval County, Florida, waiting trial on a case that could see him be given life imprisonment if found guilty of the first-degree murder charges. Complications have been raised over U.S. Supreme Court legislation passed in the summer that doesn't allow juvenile offenders to be imprisoned without the possibility of parole. 
 
There is a belief among some locals of the Jacksonville area that local State Attorney Angela Corey was wrong in trying Fernandez as an adult. Carol Torres, 51, a grandmother of a fellow student at Fernandez's former school has set up a facebook page in the boys support, championing Rehabilitation over persecution.
 
This whole story, while very sad, can be seen as a debate about nature vs. nurture. Basically this means the influence and relative importance of innate qualities verses personal experience in the formation of an individuals physical and behavioural traits. (Yes, that is a dictionary definition.) Fernandez is the case of someone who was born in hopeless conditions and is therefore a product of this. To play devil's advocate it can be argued that murder is murder and this child who has already shown himself as a sexual predator could harm others if not properly punished. I would say that while his actions were atrocious and must be punished, it is an infringement of justice to Fernandez (a victim himself) not to approach this case with rehabilitation in mind. Show me someone who has grown up in the conditions he has that wouldn't be left severely affected and changed by it. Is life imprisonment just for a child that has known nothing but suffering, despite the fact he has caused the suffering of others?
 
The thing I have failed to mention is that the mother of the 2-year-old child found it dying with a fractured skull and neglected calling an ambulance for 4-hours while texting around for advice and searching the Internet. She has been charged with aggravated manslaughter, to which she pleaded guilty which could give her a prison sentence of up to 30 years. This women, while obviously herself has grown up in equally horrific circumstances can not be forgiven for her blatant lack of compassion and responsibility in the protection of her child. It is stories such as this that can make abortion seem a compassionate option if in life the child will know nothing but suffering.
 
Well that's my view on this anyway, I know it is a very difficult topic and you may see me as a bit liberal, but I like a debate and this is what this is about. I want to know what you think you beautiful people. Please comment any views you have on the issue. Anyways, if this has got a bit heavy for you please don't run off. I promise to throw in some lighter stuff next time.

Until then.
 
 
 

http://i.telegraph.co.uk/multimedia/archive/02172/Christian_Fernande_2172065b.jpg

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