What is justice?

Cristian Fernandez

Justice is a word that has a different meaning for nearly everyone. One person might define justice as achieving a fair resolution through the court system, while another might perceive it to mean balancing a wrong through an action or punishment.

In America there is a division when it comes to crime and punishment. Many believe that if a person takes the life of someone else the only suitable punishment is life in prison or the death penalty. Other people take into account the circumstances surrounding the death, the person who committed the crime, and other factors.

It becomes the most difficult to seek justice when a person becomes emotionally invested in the outcome. It is difficult to balance one’s desire to punish with the need to show fairness and compassion. This, in a nutshell, defines the American culture (or lack thereof) and provides insight into why some cases capture the attention of the public and make the factions in their way of thinking so salient.

Take the Trayvon Martin case. What is justice when is comes to Trayvon and his family? Is justice the seeking of a fair and impartial resolution through the court system? If so, is it even possible to achieve this at this point? The case is being actively tried in the media, without access to all of the documentation that might allow the public to make a truly fair assessment of the situation. People need and deserve those answers, as quickly as possible.

One thing is clear when it comes to Trayvon Martin’s sad situation and that is a young man is dead and few people have any real answers about how it happened, why, and what would need to occur to ensure justice for those closest to the matter.

Some people are calling for the death of George Zimmerman. It cannot be lost on most people that this is the true height of hypocrisy – to demand the death of the person these individuals deem responsible for the death of another. If George Zimmerman is accused of taking the law into his own hands – of acting violently when there were other options – then what does it mean when people publicly call for his own murder?

How can people say it is wrong to kill someone and then seek to incite violence on the person they are accusing? I hope someone will explain this to me. I also wonder why this behavior is tolerated. There is a $10,000 bounty on Zimmerman’s head, issued by the New Black Panthers. There is a petition supported by change.org’s Jonathan Perri that provides very selective updates on the case. For example, Perri posted when President Obama made a statement about the case and he also commented on the highly contentious police video that was released failing to show injuries on Zimmerman. Perri wrote, “The quality of the video is not very high, but it appears to suggest that if Zimmerman was injured that night, the injuries were not serious.”

Perri does not explain what he wants people to do with that information or with his personal take on it. But his lack of providing a fuller picture of the entire case speaks clearly.

Sometimes I don’t understand where he or the organization is coming from. Is change.org trying to further provoke the tension that is mounting in America over this highly contentious issue? If so, to what end? More importantly, does the organization care at all if true justice is served? I have to wonder what their own role in all of this is when it comes to obstructing justice. Perri would probably say he is raising awareness, but raising awareness is presenting all sides of an issue so that the public is informed enough to make an intelligent decision.

Change.org is behaving somewhat recklessly in this regard. This is an organization that refuses to create a section for children’s rights, even though its own members have petitions for it. Do they really care about Trayvon or are they just another party inciting more violence through subtle and calculating methods? The organization has sent out not one, but two blast emails asking its millions of members to sign the Trayvon Martin petition. This is how they operate. When they support a petition they consult with “analysts” and ask them if the petition is worthy of bringing to the public’s attention. If the analysts say no it means the petition will not be featured and no mass emails will be sent.

Has this movement inspired hate, helped to bring together communities, or merely managed to further divide an already alienated society? I mean, there’s already a twitter account calling for people to kill Zimmerman.

There has to be a point when the local, state, and federal governments say enough is enough. If the government allows people to behave so carelessly and recklessly the result will be violence. Someone will almost certainly end up dead.

I have to believe that is not what the mass majority had or even have in mind when they envision achieving justice for Trayvon.

Now contrast this with another case that State Attorney Angela Corey is prosecuting. Cristian Fernandez was 12 years old when he was charged in the unintentional death of his brother. Instead of seeking a manslaughter charge or something in line with the crime Corey felt was committed, the State Attorney sought an indictment for murder and aggravated child abuse. The combination of these two charges is the reason Cristian faces the mandatory sentence of life without parole if he is convicted.

Angela Corey’s actions suggest that she envisions justice to mean taking the life of a child by sending him to prison for life. She consistently states this was never her intention and that she offered the public defenders a plea bargain, but she fails to discuss how the plea bargain would have likely exposed Cristian to three additional years in prison following incarceration in a juvenile facility until he turned 18. Even worse, the deal would have branded Cristian a murderer for life. If a death is unintentional and there are multiple other contributors, how is a murder conviction even appropriate?

The true nature of Corey’s motives were revealed when she announced that she would be bringing a third indictment against the child in response to his defense rejecting the deal. She knew about this charge since early in the investigation and yet she delayed bringing the charge. Her explanation for this was that the defense asked her to do that. I asked Matt Shirk and another person who worked for the defense if this was true. I was told it was absolutely false. I was also informed that the media was provided with this information but they failed to print it. Why?

Another example of the media acting irresponsibly? Failing to present the full picture to the public and helping to incite violence, aggression, and intolerance? Maybe change.org should be viewed more as a media outlet instead of an organization seeking to facilitate positive social change. Because I don’t see the fallout in the wake of Trayvon’s death as positive.

Sometimes people who support Angela Corey point out to me that Cristian’s petition only has 184,000 signatures and that there are other much more successful petitions. To that, I always give the same response. Trying a child Cristian’s age as an adult is wrong. Just because something is legal certainly doesn’t make it moral or ethical. It does not matter if no one agrees with me, one person agrees, or one billion people agree. That will never change a matter of simple right and wrong.

Children are not adults. Justice is not served by sentencing a child to life without parole when others could have prevented the death of the child in question. The system failed Cristian and his family across the board. His mother admitted to failing to seek medical help for her son for what has now been revealed to be eight hours. Cristian’s attorney, Hank Coxe, said it best when he responded to Cristian’s mother putting in a plea of guilty for the lesser manslaughter charge she faced in connection with David’s death:

The person who admitted responsibility for the death of her 2-year old son, David, pleaded guilty to manslaughter. Apparently the doctors who treated David said he would have survived if he had received medical care sooner. Instead, his own mother waited for eight hours to seek medical attention causing the death of her son. Her 13-year-old son, Cristian, continues to face adult first-degree murder charges, which carries a mandatory life sentence, yet his mother pleads guilty to a much lesser charge. We will deal with this in the courtroom.

I want justice for Cristian. I believe that children are different than adults. He should not be facing more severe penalties than the very person who was legally obligated to protect her children and care for them, but did not do it. However, the situation is tragic all the way around when you think about it.

Do enough people care? My advocacy efforts do not appear to be enough to save this child from a prosecutor who wants him to pay to the full extent of the law, regardless of the circumstances surrounding his case. Can Cristian’s attorneys save him? His life is quite literally in their hands now.

Finally, are we a society that values punishment over redemption? Vengeance over forgiveness? Hate over compassion?

I can’t answer that. I want to believe we are a nation who chooses the latter in all situations, but that is not what I am observing these days at all. It’s disturbing.

1 in 45: America’s homeless children and what you can do to end it

A homeless child sleeping on street

America is the richest country in the world and yet 1 in 45 children living in the states is homeless. The problem of homelessness impacts about 1.6 million children. Most of the children who are homeless are under the age of 7.

The problem of homelessness among children is getting worse instead of better. In 2010, the increase in the number of homeless children surpassed the record set in 2006, following the displacement of thousands of families as a result of natural disasters such as hurricanes Rita and Katrina. The current state of the economy has contributed to the problem immensely. Many states have cut money and allocations that go toward ending the problem of homelessness.

Ellen Bassuk, president of the National Center on Family Homelessness, stated the following:

If you believe that children are the future of our country, then you should be concerned because these homeless children have gradually become a prominent part of a third world that is emerging in our own backyards.

The problem is that these children are invisible to many. The problem is growing and more children are suffering as a result. The consequences are deadly for many and devastating for the rest. Children experiencing homelessness suffer from poor health, hunger, and very limited chances to receive an education.

Homeless children in America

Failing to address homelessness among children is not only inhumane, it is expensive. The costs associated with treating acute and chronic illnesses affecting the homeless are significant. The long-term costs far exceed what it would cost to increase programs such as Housing First and other initiatives designed to provide stable housing.

Another major issue is that studies show children who experience homelessness are much more likely go participate in future crime.  The Youth Law Center previously reported in reference to former foster children who later become homeless: “Lack of stability and a permanent home are evident in the extraordinarily high incidence of substance abuse, homelessness and psychological problems among former foster children.” Homelessness among children contributes to juvenile and adult crime.

The problem has significant short-term and long-term consequences. It can no longer be ignored.

Now that you know about this problem affecting America’s children, you can start taking action to help these children and make a real difference in their lives. Here is a list of actions you can take to work toward remedying the problem:

• Find out if your state or area has a 10-year plan to end homelessness. These plans are good to review before seeking ways to help homeless children.

• Write letters and emails to your local legislators and policymakers urging them to make homeless children and families a priority. State legislators and the Governor of your state are a great place to start.

• Including information and stories from your area can help to strengthen your message. Look for local perspectives on the topic in the form of articles or other information to share with legislators and policymakers.

• Ask your friends and family to write similar letters. Keep the message consist, compelling, and clear. Ask them to make child homelessness a priority. Ask for more money allocated to programs such as those that provide stable housing for these children.

• Make phone calls to legislators and policymakers. Ask friends, family, and coworkers to do the same. When these individuals receive a number of calls they are more likely to bring the topic to the attention of the person you are trying to reach. Leaving messages with staff or on voicemail is effective also.

• Contact the whitehouse and ask the federal government to make child homelessness a top priority: comments@whitehouse.gov or call 202-456-1111.

• Look for local organizations that address child homelessness. Offer your help in any form you can (time, money, etc.).

• Provide meals, toys, clothing, and other items for children who are homeless.

• Ask local churches and businesses to get involved in helping homeless children. Provide them with information about the extent of the problem.

• Use social media to spread the message. Share this video, articles related to child homelessness, organization websites working to end child homelessness, and other resources to raise more awareness about the problem and what people can do.

These children need you to raise your voice and speak for them. If everyone takes action we can dramatically decrease the number of homeless children suffering in the United States.

Please do your part and encourage others to do the same.

Learn more at The Campaign to End Child Homelessness and The National Center on Family Homelessness.

Irony, Trayvon Martin, and Angela Corey

On Thursday, it was announced that Florida State Attorney Angela Corey was appointed as special prosecutor to the Trayvon Martin case. The Martin case has ignited discussions about racism and injustice, in part because of the failure of law enforcement to bring charges against 28 year old George Zimmerman who fatally shot the unarmed 17 year old.

The irony is that the choice of Angela Corey for this particular case is only beneficial for one reason: she is a tough on crime prosecutor who enjoys throwing the book at any perceived criminal, regardless of the actual circumstances of the crime. This means that Zimmerman will likely be brought to justice. Which is a good thing.

But look at case in point about her history of prosecution of a minor, minority child: 13 year old Cristian Fernandez of Jacksonville, Florida. Cristian faces not one trial, but two trials, surrounding the unintentional death of his two year old brother David. Cristian is a hispanic minor who has experienced sexual and physical abuse throughout his life. Corey sought indictments for murder and aggravated child abuse against the young child, exposing him to a mandatory penalty of life without parole if he was convicted in a criminal trial. She claimed to the public she was not seeking life without parole, but when his defense rejected a plea deal that could have forced him to serve three years in an adult prison (from 18-21), undoing any good he would have received in the juvenile system, and also forcing him to carry a murder conviction for the rest of his life, she did the unthinkable: she sought an indictment for a third criminal charge.

The third charge was a sexual battery charge pertaining to a claim made by Cristian’s younger brother about sexually activity that occurred between the two when Cristian was approximately 11 or 12. The date and location of the activity was unclear. Though Corey had known about the claim since very early into the original murder investigation, she waited until his defense rejected the plea deal to seek an indictment, making it appear as though she was retaliating against the boy and his defense.

There is a petition for Cristian Fernandez here. Over 182,000 people have signed it, but Angela Corey has publicly stated she does not “prosecute by petition.”

But Cristian Fernandez is not the only minority child suffering under the reign of Angela Corey. In fact, a deeper look into the statistical data of the fourth judicial circuit for which Corey is responsible yields startling information about racial disparities involving black males.

It is a known fact that Corey transfers more juveniles into the adult criminal system than any other county in Florida on average, but what most people don’t know is that Corey also moves a much greater percentage of black males into the adult system than the rest of Florida as a whole.

And this is odd. Because the 4th judicial circuit is made up of a majority of white people. Why is there such a huge disparity when it comes to the number of black males tried as adults? Why is this disparity continuing unquestioned?

More importantly, why would a State Attorney with this kind of record toward young black males be chosen to head the prosecution for a murder victim who is the exact demographic of those she marginalizes in her own judicial circuit? Is it a publicity stunt to save her career? An easy way to make her look like a good prosecutor in light of all statistical data over the course of three plus years showing what she is really doing to children and minorities?

Is anyone going to take a closer look into what this woman is doing?

Statistical Comparisons

Here are the percentages of black males versus white males transferred into the adult criminal system in Florida as a whole. This includes all judicial circuits, including the 4th judicial circuit:

2006-2007 – 146,950 total juvenile referrals. 4,622 transferred to adult court.Of the above percentages given in relation to those transferred to adult court, 53.3% were black. 24.5% were white.

2007-2008 – 145,539  total juvenile referrals. 4, 907 transferred to adult court. Of the above percentages given in relation to those transferred to adult court, 50.1% were black. 25.7% were white.

2008-2009 – 138,218 total juvenile referrals. 4,393 transferred to adult court. Of the above percentages given in relation to those transferred to adult court, 52.8% were black. 23.4% were white.

2009-2010 – 121,642 total juvenile referrals. 3,694 transferred to adult court. Of the above percentages given in relation to those transferred to adult court, 52.1% were black. 24.2% were white.

2010-2011 – 109,813 total juvenile referrals. 3,061 transferred to adult court. Of the above percentages given in relation to those transferred to adult court, 50.8% were black. 26.1% were white.

Here is the data for Angela Corey’s 4th judicial circuit. Note the considerable increase. Angela Corey took office in the beginning of 2009 and did nothing to decrease the number of black males tried as adults – a trend that started before her and has not ceased. The trend has likely increased for 2011-2012 since juvenile crime referrals in her district of Duval went up, while referrals in the majority of other Florida counties actually went down:

2006-2007 – 8125 total juvenile referrals. Of the above percentages given in relation to those transferred to adult court, 61.7% were black. 31.3% were white.

2007-2008 – 9482 total juvenile referrals. Of the above percentages given in relation to those transferred to adult court, 79.2% were black. 13.8% were white.

2008-2009 – 8911 total juvenile referrals. Of the above percentages given in relation to those transferred to adult court, 71.1% were black. 19.6% were white.

2009-2010 – 6877 total juvenile referrals. Of the above percentages given in relation to those transferred to adult court, 74.4% were black. 16.8% were white.

2010-2011 – 5889 total juvenile referrals. Of the above percentages given in relation to those transferred to adult court, 62.2% were black. 27.8% were white.

All statistical information may be found on the Florida Department of Juvenile Justice site.

Governor Scott

Governor Scott refused to get involved in helping Cristian who faces life without parole. Perhaps he will change his mind now that he has gotten involved in another criminal case.

Contact the Governor and thank him for seeking justice for Trayvon. Ask him to please do the same regarding Cristian Fernandez and to look into the disparities involving black males in the 4th judicial circuit:

http://www.flgov.com/contact-gov-scott/email-the-governor/

What is happening to the children in Duval County?

Duval county in Florida is in crisis. A new report shows that crimes among the county’s school-aged students have increased, while a significant number of other counties in the state have experienced an overall reduction. As of 2010, the U.S. Census Bureau reported the population of Duval as 864,263. When compared with Miami-Dade’s nearly 2.5 million, that may not sound like a lot of people. However, almost a quarter of Duval’s population consists of children under the age of 18.

Many of these children will grow into adults within Duval county. The future success of these kids should matter in large part because of the potential contributions each may make to the community over the course of their lives – positive or negative.

Despite the importance of the juvenile population within the county, Duval is experiencing a problem that suggests past approaches to handling the issue have not been effective. The Florida Department of Juvenile Justice (FDJJ) released a preliminary briefing regarding juvenile delinquency referrals in Florida’s school systems. The report is reflective of the first eight months of fiscal year 2011-2012. Delinquency referrals represent “a case referred to the Department for one or more alleged acts of delinquency”. The act may be minor or major in significance in terms of representing a misdemeanor or a felony.

The report highlighted positive results in that overall state delinquency referrals in schools declined by 14% when compared to the prior fiscal year. Referrals in the majority of the state’s counties experienced a decline rather than an increase. Interestingly enough, Miami-Dade reported the largest decline. This is interesting for a number of reasons, but mainly because of the county’s systematic annual reduction of the percentage of juveniles transferred into the adult criminal system.

When it came to overall referrals, Miami-Dade experienced a decline of 58%. Angela Corey’s county, Duval, experienced an increase of 16%.  The number is somewhat surprising considering that juvenile crime has been on the decline throughout Florida for years.  While Duval’s misdemeanor offenses only increased by 5%, the county’s felony school referrals increased by a staggering 26%.

By contrast, Miami-Dade reported a decline in felony referrals of 39%.

So what is happening within the Duval schools? Why are the children of Duval committing more crimes, while the children of the majority of other counties are committing less? So much for the belief that Corey’s tough on crime stance acts as a deterrent when it comes to juvenile crime. Is it a coincidence that past information relating to juvenile crime and transfers into the adult system reflect a statewide reduction in the practice on an annual basis, and is followed by a report showing overall declines in juvenile delinquency? Or that the county of Duval has increased the number of juveniles transferred into the adult system in the years since Corey has taken office, only to see an increase in the number of juvenile referrals?

There are likely a number of explanations for the increased number of delinquency referrals. However, the truly disconcerting factor here is the way in which these children will be treated within the court system if they are transferred into the adult system. We know based on statistical information available in Florida that Corey transfers a large number of juveniles into the adult system even though it is shown, unequivocally, not to work.

Putting aside the question relating to why there is an increase in juvenile delinquency referrals, the next question is: How much is Duval willing to invest in its most valuable asset – its children? And then: How far will the county’s own state attorney go to ensure the behavior of these children is corrected in a manner that not only treats the underlying contributors to the criminal activity, but also recognizes the significantly negative impact of transferring children and teens into the adult system?

I suppose that remains to be seen. In the meantime, it will be interesting to see how Angela Corey explains these unsettling changes since the prior year.

Less crime, more time: Angela Corey’s approach

State Attorney of the 4th circuit of Florida, Angela Corey, has recently come under fire because of her propensity for treating those who commit crimes harshly, regardless of the nature of the crime. However, one of the more contentious aspects of her role as prosecutor has been her approach to juvenile crime. Michael Hallett and Daniel Pontzer, from the University of North Florida, released a report that contained the statement: ”Florida leads the nation in prosecuting children as adults – and Jacksonville leads Florida – making Jacksonville the nation’s capital for prosecuting children as adults”.

Since my advocacy efforts focus on juveniles who are tried in the adult criminal justice system I decided to dig a little deeper into Corey’s history of prosecuting children as adults. It is important to distinguish between what is happening to children under Angela Corey’s prosecutorial watch with what is happening to adults. After all, this is a prosecutor who has been lauded for filling Duval’s jail with the highest number of inmates it has seen in five years. We know what this means for adults, but what does this mean for the community’s children and teenagers?

Angela Corey has even been credited with causing her region’s reduction in crime. This is somewhat amusing since crime is actually down across the board throughout Florida and the rest of the nation. The FBI Uniform Crime Report indicated that violent crime was down 6.4% nationally in 2011.

So my question was: if crime was declining nationally, including in the state of Florida, what did that mean with regard to juvenile crime? The Florida Department of Juvenile Justice (FDJJ) publishes statistical information regarding juveniles taken into custody (arrested) and those referred to Florida’s Department of Justice. The site defines a referral as the following: “A referral is similar to an arrest in the adult criminal justice system. The Department provides a recommendation to the State Attorney and the Court regarding appropriate sanctions and services for the youth.” The site goes on to explain there are many options with regard to how the juvenile may be handled.

FDJJ reported consistent declines in juvenile arrests and referrals from 2006 to 2011 throughout Florida. Angela Corey’s jurisdiction – the 4th circuit – has also experienced a steady decline. For comparison purposes, I decided to also examine the 11th circuit of Miami-Dade since juvenile crime has traditionally been high in this jurisdiction. Moreover, the Miami-Dade region has historically transferred a large number of juveniles into the adult criminal justice system. Miami-Dade also experienced the same annual decline when it came to crimes committed by minors.

Now the more interesting aspect of the statistical analysis came when I looked at how each region responded to the change in juvenile crime. Florida as a whole slowly began to reduce the number of juveniles tried in the adult system when compared with the declining number of juveniles reported in the system to begin with. In 2006-2007, the state of Florida transferred 3.77% of all youths referred for delinquency to adult court. The number increased in 2007-2008 to 4.06%, but then decreased each year thereafter. By 2010-2011, the state reported a percentage of 3.51%. This is a positive change, especially since Florida leads the nation in the number of juveniles tried as adults.

Miami-Dade demonstrated similar activity, except to a greater degree. For example, in 2006-2007, the region transferred 6.04% of all youths referred for delinquency to adult court. That percentage declined with each passing year until it reached 3.53% in 2010-2011 – a rather significant improvement for the area.

Angela Corey’s region was different, however. Prior to taking office, the 4th circuit reported a transfer percentage of 1.50% in 2006-2007, 1.34% in 2007-2008, and 2.40% in 2008-2009. The figure increased dramatically the year Corey took office to 4.23%. The following year, despite annual decreases in juvenile crime and a significant statewide trend toward reducing the number of children tried as adults, Corey’s percentage of transfers only changed to 4.18%.

As discussed in prior articles, the practice of charging and sentencing children as adults does not work. Lawmakers nationwide are slowly beginning to recognize this fact as more studies emerge demonstrating the costliness from both social and economic perspectives. We now know that charging children as adults poses a greater risk to society in the long run due to increased recidivism rates and other factors.

There is no room for error when it comes to this nation’s children. Angela Corey is unlikely to see that her tough on crime approach is not conducive to protecting the community or to safeguarding the community’s most valuable asset: its children.

Someone needs to step up and run for State Attorney in Jacksonville, Florida. I would like to see someone run whose platform is smart on crime instead of tough on crime. Tough on crime is yesterday’s failed rhetoric and nobody’s buying it anymore. The time for change has arrived.

The fight for children begins in Florida

The United States criminal justice system is waging a war on this nation’s children and the battlefield is bloodiest in Florida. Other states have practices similar to Florida, but none mirror the problem to quite the same extent.

Florida leads the nation when it comes to the number of children and teenagers tried and sentenced in the adult criminal justice system. The National Criminal Justice Reference Service (NCJRS) described the rate of transfers in reference to children tried as adults in the United States, comparing Florida, California, and Arizona. “The three states differ dramatically in their per capital transfer rates – with Florida being the clear outlier. Over the period from 2003 through 2008, Florida transferred youth at about twice the rate of Arizona and about eight times the rate of California.”

The Cristian Fernandez case is merely one example of many when it comes to children who are tried and ultimately sentenced as adults. In some cases, the children accept plea deals that expose them to time in prison and a criminal record. Studies (which I will discuss more at length shortly) show that children tried as adults are at a much greater risk for committing future crimes upon release. This means that Florida’s approach to crime may or may not be effective in the short-term, but it will have disastrous consequences in the long-term as the children who have fallen prey to these practices emerge from adult prison facilities as adults, having served time with hardcore offenders and likely having experienced a range of abuses.

America, including Florida, has fallen a long way since it originally made the decision in 1899 that children and adults are different emotionally, cognitively, and developmentally. Reforms within that time period contributed to the creation of a separate system that aimed to address juveniles in terms of their unique differences when it comes to maturity and culpability.

Jane Addams, founder of Chicago’s Hull House, was one of the main drivers behind the creation of the juvenile justice system. The goal behind the juvenile system was to stop the abuse of children in the adult court system. The need to protect children from the adult system was real then, but it’s reached a critical boiling point now.

The fact that children are different than adults is understood globally. 193 nations have ratified the UN Convention on the Rights of the Child. The only two countries who have signed the treaty, but not ratified it, are Somalia and the United States. Other developed and undeveloped countries have ratified the treaty, including Vietnam, Sierra Leone, Egypt, Kenya, Bengladesh, and Sudan. A signature demonstrates a future intent to ratify and obligates the country to refrain from taking action that is in violation of the treaty. However, states like Florida are doing just that when they seek life without parole sentences for children under the age of 18.

What does this tell us about the United States? What does it say about America when this country, along with Somalia, has refused to ratify an agreement that places the fundamental civil and human rights of children at the very top of each nation’s list of priorities?

Even though we know from social, medical, and scientific perspectives children are different, it hasn’t stopped a number of states in this country from aggressively pursuing prosecution of children and teenagers as adults. Amnesty International released a study in 2011 reporting that more than 2,500 people in America are serving life without parole sentences for crimes committed when they were under the age of 18. The National Institute of Corrections (NICIC) released a study that estimated as many as 250,000 children and teens “under the age of 18 end up in the adult criminal justice system every year.”

The problem is not limited to those who commit homicide crimes, however. Children committing non-violent crimes are tried and sentenced in the adult criminal justice system as well.

Amnesty wrote that “recent neuroscience studies have shown that these psychosocial immaturities coincide with anatomical immaturities of the adolescent brain. In this regard, brain imaging techniques have made two major observations. “First, the parts of the brain that work together to support the control of behavior, including the prefrontal cortex…continue to mature even through late adolescene…Second, in making behavioral choices, adolescents rely more heavily than adults on systems and areas ofthe brain that promote risk-taking ad sensation-seeking behavior.”

The study also addressed the higher number of future offenses committed by those juveniles who are tried and sentenced in the adult criminal justice system versus the juvenile system. The committing of crimes upon release from incarceration is known as recidivism. “Six large-scale studies summarized by Redding – employing a range of different methodologies and measures of offending, and focusing on a variety of jurisdictions, populations, and types of transfer laws – have all found greater overall recidivism rates among juveniles who were prosecuted as adults than among matched youth who were retained in the juvenile system.”

The NICIC corroborated the above in a 2011 report. The authors wrote, “youth transferred to the adult corrections system recidivate at a higher rate than those kept in the juvenile justice system.”

It is clear that the problem exists throughout the United States, but is greatest in the state of Florida. Voters in Florida have the opportunity to speak up for the children within their community by voting for those who support juvenile justice reform, instead of those such as State Attorney Angela Corey who are the root cause of the problem. She has made her position on juvenile crime clear through her actions when it comes to prosecuting increasing numbers of children as adults.

After all, while Florida’s children may be charged and sentenced as adults, they are not afforded the right to vote for those people who are placed in a position of power to destroy their life by making that kind of decision in the first place. Just something to think about.

So what can we do about the problem? First, we have to stop voting for people who contribute to this problem to begin with. If you know a prosecutor has a reputation for treating children abominably you have a duty to vote for someone else. Second, we have to compel our state representatives and others in positions of power to lobby for legislative changes that eliminate the power of prosecutors and courts to try children as adults. Third, we can educate the public about the problem and explain why this approach to juvenile crime is not working and will only cause more serious problems in the future.

Angela Corey’s war on children in Jacksonville, Florida

As State Attorney Angela Corey seeks reelection in 2012, it is important to spend some time leading up to Cristian’s trial examining her role as a prosecutor and the consequences of her tough on crime stance. Today I want to talk about the fear she has instilled within the community when it comes to dealing with law enforcement and the State Attorney’s Office.

In early 2012, the former principal of Raines High School, George Maxey, allegedly lied to police to protect a few of the high school’s students from potential criminal prosecution in reference to a locker-room theft incident. Angela Corey’s extremely aggressive stance on juvenile crime issues likely factored into the moral and ethical dilemma Maxey faced regarding his students. He probably asked himself if he should handle the situation within his school, even though it technically constituted a criminal offence, or if he should abide by the law and put the students at Angela’s mercy. He chose the former and he paid for it.

In response to Maxey’s motives for lying to police, Angela Corey told the Florida Times-Union (referring to the teenagers), “We do not want to ruin the rest of their lives. If they have no prior record and they get a ‘withhold of adjudication,’ which we will agree to or recommend to the court, and the court gives them that ‘withhold,’ they would be able to seal that record at an appropriate point. We just want them to show up in court and handle this issue. We’ll probably be asking for community service hours.”

Really? But what about Cristian Fernandez? He had recently turned 12 years old when Angela Corey sought to have him indicted through a grand jury for murder and aggravated child abuse in the accidental death of his brother. She said herself that she “never said this was a premeditated murder.” He did not have a prior criminal record. Why is he the exception to this rule that Angela has described when speaking about the teenagers’ former principal Maxey lied to protect?

Why didn’t she offer Cristian adjudication withheld in his plea deal? You can call her and ask at 904-630-2400 or email her at acorey@coj.net. I’d really like to know…

More importantly though, given her prosecution of Cristian Fernandez and others in the adult criminal justice system why should Maxey, or anyone else for that matter, believe her when she says that she isn’t trying to ruin the lives of Florida’s children? Her actions tell another story.

While a number of states are beginning to recognize the need for juvenile justice reform, Angela Corey has increased her efforts to move more juveniles into the adult criminal justice system. Moreover, if Cristian is convicted at trial she may have the distinction of prosecuting the case where the youngest person in America received a life without parole sentence. The only way he can avoid life without parole is through the acceptance of a plea deal. If there is another way, she has yet to detail it and not a single attorney I have spoken with in Jacksonville has confirmed that an alternative beyond that exists.

The above includes former public defender Pat McGuinness who confirmed that Cristian is indeed facing life without parole if convicted. He informed me by telephone that the judge would have no choice but to give him life without parole and that the jury would likely not be informed of that fact prior to making their decision. McGuinness previously defended 15 year old Brendon Butler while working as a public defender in Jacksonville when Butler was wrongfully charged due to an erroneous eyewitness identification. The story is detailed in an Oscar winning documentary Murder on a Sunday Morning.

This isn’t really a matter of Democrats versus Republicans either. Jacksonville’s Republican Public Defender Matt Shirk has spoken out a number of times in recent months regarding the need for juvenile justice reform in Florida, sharply contrasting Republican Angela Corey’s stance.

Rather, this is more a matter of humanity and civility in terms of how our nation treats children. The Sentencing Project wrote in a report released in March of 2012, “Although it does not excuse their crimes, most people sent to prison for life as youth were failed by systems that are intended to protect children.” A statement like that implies culpability well beyond the children who are prosecuted.

Throwing children away by sentencing them to life in prison, or even doling out lengthy sentences in response to juvenile crime, will never address the widespread systematic failures that are contributing to the problem. Moreover, the studies clearly show that placing juveniles in the adult system only increases the likelihood they will re-offend later on. If people like Angela Corey want to create a much more criminally sophisticated and dangerous society in the long-term she is well on her way.

There is, however, another way to do things. In Washington state a 13 year old boy was charged with first degree murder in the shooting death of his father. Thurston County Deputy Prosecuting Attorney Wayne Graham made the decision to recommend that the boy’s case be tried in juvenile court.

Wayne Graham is a living example of what a prosecutor has an obligation to do for his or her community. He made an almost impossible decision and he did it based on extensive research of the child’s psychological reports, the evidence of the case, and many other factors.

That’s how it needs to be done. It’s not just about compassion; it’s about common sense and fulfilling one’s duties as a prosecutor.

Calm before the storm

Cristian Fernandez

Cristian Fernandez has been detained for almost one year at the Duval Regional Detention Center. As his one year anniversary looms near, his next pretrial hearing is approaching as well. The question on everyone’s mind is when Cristian’s trial will take place.

I have other questions. I wonder how old Cristian will be when a jury finally hears the real circumstances surrounding his brother’s death. I’m curious if State Attorney Angela Corey will, or already has, revised her original plea offer to the defense in an attempt to avoid trial altogether. The original offer was not acceptable because it potentially exposed Cristian to three years in an adult prison system and it would have forced him to carry a felony conviction for life, inhibiting his ability to find housing and employment later on.

Cristian’s previous public defenders, led by Matt Shirk, were right to refuse that plea deal. Though the plea deal has never been made public, just the information given through the media demonstrates how damaging it would have been to Cristian in the long-term.

As a contrast, look at the case of Blade Reed. He entered the Wabash prison system in December of 2009. He has been in and out of solitary confinement. He has been beaten, sexually assaulted, and has attempted suicide multiple times. He has only been there for a little over two years. What would become of Cristian in the adult prison system? Even if he were to go there when he was 18, until he was 21, what good would it do if he ended up like Blade? How would it ever help to protect society if he emerged from the juvenile system at 18, spent three years in an adult prison facility among hardcore criminals, and endured similar torment to that of Blade?

Surely any gains he would have made in a treatment program would be lost. And when I refer to gains from treatment I am referring more to the psychological help he needs for the sexual and physical abuse he has experienced more than anything else.

Angela Corey has options though. She could approach the defense with a plea deal where the judge agrees to withhold adjudication. We have already seen that Judge Mallory Cooper is a reasonable judge based on her decision to unshackle Cristian. She would likely agree to a plea deal that allowed Cristian to receive treatment in the juvenile facility, receive some sort of probation or monitoring through the courts until he was 21 (without having to serve any time in an adult prison, and this would have to be very clearly addressed), and then the most important element is that the judge would withhold adjudication. This means that even though Cristian would plea guilty to a crime, he would not technically be convicted of the crime. He would not carry the conviction on his record. The records would be sealed. This was done in a case involving a 12 year old girl named Arva Betts in 1989.

The alternative of not structuring a reasonable plea deal is that the case goes to trial and Angela Corey takes the unbelievable risk that Cristian could be acquitted. Another possibility is that a single juror will not believe the state has made its case, resulting in a hung jury. Knowing how Angela operates, she would certainly charge the taxpayers of Jacksonville, Florida to subsequently retry Cristian.

But it is quite a gamble Jacksonville’s State Attorney is taking. If she loses this case against a coalition of attorneys it will hurt her career. Moreover, it will pose questions as to her seriousness in terms of protecting the public. After all, if Cristian is as dangerous as she appears to think that he is then it goes without saying he needs treatment. Rolling the dice and risking an outcome that could result in his immediate release seems poorly thought out.

What’s it going to be, Angela? You told me you won’t move the case back to juvenile court. Fine. But are you really going to stake your career on a trial outcome?

With that said, I can’t wait to find out the date of this trial because I’ve got planning to do.