Cristian Fernandez should be playing Little League, getting ready for summer vacation, riding bikes, and chewing bubblegum. Instead the 12-year-old is facing first degree murder charges and life in prison. Prosecutors say he killed his little brother, 2-year-old David Galarriago, last March, and that means he needs to face the adult charges that could potentially make him the United States' youngest ever "lifer."
Remember, he's 12. Too young to drink a beer. Too young to drive a car. Too young to ride a bike without a helmet. Old enough to face life in prison. Think about that.
Because that's the one fact that has made a case that's really not even yet a case blow up seemingly overnight. The alleged crime occurred months ago, but Fernandez was just indicted by a Florida grand jury. Just indicted, which means nothing in terms of guilt or innocence, but does push the case forward and ensure he's on the path to an adult court rather than juvenile proceedings.
What happened, whether Fernandez did it or not (remember, we ARE innocent until proven guilty in this country) was horrific. A 2-year-old died, that is not to be taken lightly. It's the sort of horror that kicks you in the gut as a parent, that makes you cry out for swift justice, harsh punishments on behalf of the child. But by pushing the case forward, we as a country are making a bold statement about the Eighth Amendment of the Constitution, the one that prohibits the excessive bail and fines or cruel and unusual punishments.
We're thinking with our hearts. But we need to stop and think with our heads. Is this the sort of punishment we really want? Twelve-year-olds are children too; children whose brains are still developing. National SAFEKIDS Campaign recommends no kid under age 12 be left home alone for precisely that reason -- kids that young are still learning right from wrong, still handling impulse control. Yet Fernandez, at just 12, was apparently home alone with his 2-year-old brother at the time of the incident, just the two of them.
Remember, a 12-year-old can't do much of what an adult do. And there's a reason for that. Because they're not ready. Their brains can't handle it. Their brains can't be expected to make the decisions in a split second behind the wheel of a car even if their legs can reach the pedals.
Should a 12-year-old really be sentenced to life in prison if he killed a child? Is even considering this option cruel and unusual punishment on behalf of the court?
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Comments 112
He needs to be punished, and the parents should be charged with neglect.
I would need to know more. How did the 2 year old die? Does the 12 year old have priors?
I don't think he should go to prison. A mental institute, something. But not prison with grown men.
What you failed to mention is that he beat his brother to death....that shows a lot about the mind of this child. I feel most of the damage has probably been done at this point and would be hard to correct. If he can beat his own flesh and blood to death, what would he do to anyone else? I do NOT like the idea of a 12 year old in prison, though. I feel he needs to be put into a psychiatric ward, for he obviously needs some major help.
Elfishpirat - they did one better. they charged the mother with negligent homicide, totally appropriate IMO.
purpleducky - this is the 2nd time he's beat the 2 year old up....the first time he broke his leg.
His mother was 12 when she had him. They both 'grew up together' in foster care (her mother was a drug addict). He was abused by his step-father who committed suicide in front of the boy last year. He is obviously disturbed. To quote his attorney "the whole system has failed him." It is an unbelievably sad situation, and he obviously needs help/counselling/etc, but I don't think he needs to be locked away for life. One child's life is already lost, there's no need to throw away another.
I haven't heard about this case, but if the prior commenters are correct that the 12 year old beat his TWO YEAR OLD brother to death, then yeah, life in prison or mental ward, depending on whether or not he's legally crazy. I call BS on thinking with hearts over heads. Imagine what it takes to beat a small, defenseless child to death - your brother, no less. Now imagine this kid as a grown man, free to move in next door to you, if he wanted....and tell me your head wouldn't feel better with him locked up or if you still hear violins playing.
I don't think prison is the answer but I don't think it's possible that he will ever be a normal functioning contributer in society either. Sure a child shouldn't be left alone with a toddler at that age but I have a 12 year old and there is no way he'd ever harm one of his siblings much less beat them to death. The mother needs to be held accountable here and she needs to serve her time in prison. This child broke this baby's leg and she left them alone again. I realize that their entire backgrounds are riddled with abuse and neglect and drug use but that cannot be an excuse for everything, sorry. If it was, our prisons wouldn't be filled with the grown up versions of this child.