Cristian's case involves broad human rights

[Stuart]

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Lead Letter: Cristian's case involves broad human rights

Posted: November 19, 2011 - 12:29am  |  Updated: November 19, 2011 - 2:18am

The indictment, incarceration and trial of 12 year-old Cristian Fernandez as an adult violates the ethical and moral standards of every developed, democratic country in the world, and the majority of other nations.

It violates the human rights of this child, and the humanity of all children.

It ignores Cristian’s life history and the failure of our institutions to protect him and his mother; both were in our foster care system together.

It denies medical science and all that is known about early brain development, neuropsychology, the impact of trauma on the developing brain, the resilience of young children and their capacity to respond to treatment.

It reflects the politics of Jacksonville’s past, and an example of institutional racism that our community is struggling to overcome.

It establishes a dangerous precedent that will stain our community for decades to come.

It is unclear how this travesty restores any “balance” to our community, and how it absolves our collective conscience from being “disturbed.”

Cristian is the product of physical, sexual, psychological and emotional abuse. He was forced to care for three younger siblings on a routine basis when he was ill-prepared to do so.

He “disciplined” them as he was “disciplined.” This behavior can be corrected in the eight years that he remains a juvenile. Any suggestion that the juvenile justice system would be unable to do so, and that the adult system is better prepared to respond to his needs, is ludicrous.

Cristian is the child of all of us.

The Florida laws that allow this prosecution must be examined and changed. The voice of our community must be heard — we will not tolerate this inhuman treatment of a child.

How much longer and in how many more ways will we continue to victimize him? If we allow this exploitation of Cristian to continue, we all become victims of the ignorance, racism, politics and abuse of power this case represents.

Jeffrey Goldhagen, pediatrician, Jacksonville

Read more at: Jacksonville.com

[wolfi2]

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thanks for posting that !

[Melissa]

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I love the letter he wrote. It is accurate on every level. I think Bryan is going to like this one too.

[Bryan]

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I liked that one.

IMHO it is not murder because someone else with power over both boys let the younger boy die instead of calling for medical help.

[Melissa]

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Exactly Bryan. I agree.

[Melissa]

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Or it is murder, but on account of the mother not taking the child to the hospital promptly and because she supposedly left Cristian alone to take care of younger children. Both are acts of negligence at a minimum.

[gloria]

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Great letter. 

[Bryan]

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It is not murder in the way Angela Corey filed the charges. First-degree murder is one where the defendent planned to kill the victim beforehand. Second-degree murder is your typical "murder in the heat of the moment". (Lovers or ex-lovers ofter get charged with this charge if their dispute results in one fatally hurting their lovers without evidence they intended to kill beforehand. Otherwise known as a "crime of passion" or "crime of anger". this type of murder rarely results in death or life without parole, depending on the nature of the death.) The definitions very by locale and are subject to vast interpretation by the person filing the charges. Usually, the level of murder also depends on the jury or even the judge in a case, since the latter is the final arbiter in the case when it comes to court.

A judge would have greater leeway to correct a jury's decision if they can do such. So a judge can go against a jury's death verdict. He or she can lower a verdict. I would be shocked if the judge had the power to overrule a jury verdict and dismiss the case entirely if he or he feels the prosecution made a mistake or if the judge feels the defendent is indeed innocent. (A judge is not a robot.) So even a victory can be a defeat for the prosecution.