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Should a 12-Year-Old Get Life in Prison?

SodaHead News 2011/06/06 13:00:00
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Beating up on your younger brother, or sister is a rite of passage. Who among us hasn't handed out the occasional vicious purple nurple, headache-inducing noogie or underwear-ripping wedgie?

But prosecutors want to put 12-year-old Jacksonville, Fla.'s, Cristian Fernandez in jail for life after charging him with first-degree murder in the death of his 2-year-old brother. If they succeed, he could become Florida's youngest ever "lifer."

Prosecutor Angela Corey said the reason is to "protect the public from this young man," which is why she recommended he face trial as an adult. If they charged him as a juvenile, a conviction could free him by the time he turns 21.

Fernandez is alleged to have beaten younger brother David Galarriago to death at their home in Jacksonville in March, with the 2-year-old dying from a fractured skull that caused bleeding on the brain two days after being admitted to a hospital.

An autopsy showed his injuries were caused by blunt force trauma consistent with being punched in the head. It was reportedly not the first time Fernandez had assaulted his brother, having broken his leg in the past. Court records showed that the boys' mother initially said the January broken leg was a result of a fall from a jungle gym, but later admitted that it was caused by Fernandez wrestling with the boy.

After viewing his history of violence, prosecutors decided to charge Fernandez as an adult. His mother, who waited two hours to take the child to the hospital, has been charged with negligent homicide and goes on trial later this year.

Should 12-year-old get life in prison?
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Top Opinion

  • Andrea 2011/06/06 17:36:50
    Yes
    Andrea
    +30
    Accident, no. This was no accident, so yes. Adult crime, adult time. It is time to quit coddling these murderers. And mom deserves it too.

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Opinions

  • JD 2013/01/06 16:02:40
  • Molinda 2011/08/24 17:29:54
    No
    Molinda
    that's sucks!!
  • Limeh 2011/06/28 18:54:48
    Yes
    Limeh
    your never too young to be charged with murder.
  • Minxy 2011/06/27 19:10:17
    No
    Minxy
    What kind of parents do this child have? It is so hard to believe that a child can murder. He need to be locked up but also get therapy. His parents should get prison for neglect.
  • WetLushRei 2011/06/23 14:50:21
    No
    WetLushRei
    I would do all he did and take revenge and teach him a lesson if he didn't kill his brother...
  • kresge 2011/06/16 05:37:07
    No
    kresge
    No.
  • Devonly 2011/06/16 01:20:52
    No
    Devonly
    I do think they should lower the age to 16.
  • Mayra 2011/06/14 02:04:44
    Yes
    Mayra
    If he deserves it yes, of course.
  • john free 2011/06/12 22:02:50
    No
    john free
    The minor children 12 years Imprisonment
    the best man age 18 if Prison
  • John 2011/06/12 21:54:40
    No
    John
    The TV eye care children copy fight bad TV movie can not see
    the best children good change
  • Jippy Jamie Joe (Jamie) 2011/06/11 23:43:44
    No
    Jippy Jamie Joe (Jamie)
    +3
    He should be put in a mental hospital.
  • cesar.nicolaspenson 2011/06/11 15:58:07
    No
    cesar.nicolaspenson
    El niños bueno
  • juan serrata 2011/06/11 15:40:31
    No
    juan serrata
    +1
    The Children's Future good to help change children Not bad
  • Mystical♥Gleek 2011/06/11 12:00:58
    Yes
    Mystical♥Gleek
    If there is no other option, then yes, lock him up!
  • crewzer1 2011/06/10 11:22:07
    No
    crewzer1
    +1
    Cognitive Threapy to correct his Training would solve the Problem. Or Put him on the Table and just put an end to him with Lethal inject. Why put him in prison? It only drain's the system and does not solve anything. I say give him a chance to learn from People that know and understand his Problem's.
  • Flea 2011/06/10 04:18:44
  • abycinnamon BN-1 2011/06/09 22:00:20
    Yes
    abycinnamon BN-1
    I would have liked a third answer because I don't think this is a yes or no question. It is certainly clear that this child is profoundly psychiatrically disturbed. He has shown a pattern of violence toward his brother. I suspect he has a problem that will not go away and that he will not grow out of. I would like to see him kept in a juvenile facility with treatment until he reaches adulthood, at which time his mind should be re-evaluated to see if he remains dangerous. I suspect he will but as he is a child and his mind is still developing, he should be given this chance. If still a threat, prison. If not, release with psychiatric followup. I do not see any benefit in placing him in an adult prison now, other than the cruel and unusual punishment that many of the responders to this question seem to desire.
  • HearMe~AFCL 2011/06/09 15:42:25
    Yes
    HearMe~AFCL
    Of course he should, why would you think not? Can you imagine what he would do as an adult?!
  • Lea Mirton 2011/06/09 15:35:38
    No
    Lea Mirton
    Death.
  • cassidysf 2011/06/08 23:47:24
    Yes
    cassidysf
    he knew what he was doing.
  • Shadowhunter<3 2011/06/08 21:48:55
    No
    Shadowhunter<3
    +1
    but sort of. A 12 year old knows the difference between wrestling with a little sibling and beating him to death. however, I think jail wouldn't help him. get him a good therapist or something. and where was the mom when this happened?
  • Lea Mirton Shadowh... 2011/06/09 15:37:10
    Lea Mirton
    +1
    A good therapist? He should be made to suck on a glock.
  • Shadowh... Lea Mirton 2011/06/11 21:12:04
    Shadowhunter<3
    well... probably that too. but see if he was like, you know, meaning to kill his brother
  • NativeNH1 2011/06/08 19:17:16
    No
    NativeNH1
    +3
    Even though this 12 yr old committed murder, the frontal cortex (reasoning center) is not fully developed in adolescents until 20 or so. In other words, this boy does not possess the same reasoning process of an adult. He cannot be a child as a victim (if he was killed) and be an adult as a murderer at the same time. This is why people under 18 are considered to be children, not adults! You can't legally be a child and an adult at the same time!
  • Lea Mirton NativeNH1 2011/06/11 22:07:51
    Lea Mirton
    They said that about Jon Venables.
  • schjaz 2011/06/08 14:51:39
    No
    schjaz
    +2
    This is bad parenting. I want to believe he can be turned around.
  • Lea Mirton schjaz 2011/06/09 15:37:44
    Lea Mirton
    +2
    He should be turned around, I agree...spinning from a noose.
  • ♫ Mz BillieJoe ♫ 2011/06/08 14:09:25
    Yes
    ♫ Mz BillieJoe ♫
    +1
    I don't believe in killing no matter what the reason
  • severus 2011/06/08 10:23:25
    Yes
    severus
    oh yes you deserve to be locked up forever! >:0
  • shweta 2011/06/08 07:32:40
    Yes
    shweta
    obviously yes, whether it is a 12 yr child or less than that ! crime is a crime! criminal should surely b punished!! the child should b taught a gud lesson so dat he doesn't do that next time!
  • debadow 2011/06/08 05:06:07
    Yes
    debadow
    +2
    What kind of Parents does this Kid have
  • sally 2011/06/08 02:19:09
    Yes
    sally
    +1
    I wish there was an undecided option. This kid needs help. And where was the mom durring the assult?
  • Fed Up 2011/06/08 00:50:44
    Yes
    Fed Up
    +5
    There are children throughout the world that are 12 that take care of their siblings when there is no mother or father. 12 is plenty old enough to know what you are doing. The history of abuse was only established by a prior broken leg - what the hell else did this plague of a human unleash on his little brother?!? Lock him up and don't look back! established prior broken leg plague human unleash brother lock siblings taking care of siblings
  • WhereIsAmerica? ~PWCM~JLA 2011/06/07 23:58:39
    No
    WhereIsAmerica? ~PWCM~JLA
    +4
    I don't know, he might need psychiatric help, he is just a kid, and what the hell is wrong with his Mother? SHE should get life, he should have an evaluation first, then maybe he should get life.
  • Lady Wh... WhereIs... 2011/06/08 13:08:55
    Lady Whitewolf
    He can get his "help" while serving his sentence!
  • NativeNH1 Lady Wh... 2011/06/08 19:20:31
    NativeNH1
    +1
    That sentence legally needs to be under the code for juveniles. At 18, then he can be tried again as an adult.
  • NativeNH1 WhereIs... 2011/06/08 19:18:56
  • RobHom 2011/06/07 22:42:22
    Yes
    RobHom
    He needs to be removed from society.
  • JohnCarrillo 2011/06/07 22:41:07
  • Silver Dew 2011/06/07 22:25:46
    No
    Silver Dew
    +4
    No! he is just twelve years old. Do you know how hard it would be for child to stay in prison with those adult murderers, rapists, pedophiles, robbers, etc, etc. Even if the police protected him while he stayed there, those adults will find a way to get their hands on him because he is young, small, and vulnerable. At least put him in a mental institution because this child looks like a sociopath, to me,that was jealous of his younger brother.
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