Christian Fernandez, a 12 year old child from Jacksonville, Florida; raised by a mother of two. His mother gave birth to Christian at the age of 12, and she was subsequently placed into foster care with her newborn baby. Abused sexually, physically and neglected by a man who could not care less if Christian would live or die; his father, who is a construction worker was said to never be around when Christian was a toddler, which was partly due being incarcerated for sexual assault charges that inpregnated Christian's mother. It could be suggested that violence became somewhat normalised within the life of this child at a very young age, which is both immoral and unethical. It has been suggested that this child has been exposed to more hatred and violence than any adult could experience within two lifetimes.

"The whole system has failed him. This child is clearly a victim...We  think he can be rehabilitated" Assitant Public Defender Rob Mason  

Christian, has been accused of murder; his 2-year-old brother was punched unconscious by Christian. Christian's mother was not home at the time of the assault, however when she returned home to find her 2 year old baby unconscious, it is alleged that she left the baby for a couple of hours before taking him to the hospital (please see the following link for more information on Christian's mother: http://www.dailymail.co.uk/news/article-2037803/Biannela-Susana-surfed-internet-Pippa-Middleton-Beckhams-son-2-lay-dying.html). This in itself could have proven to be negligent on the mothers part, as there is suggestions the baby may have lived if he had been hospitalised earlier. Christians violence towards his brother had a history with scenarios that involved his brothers limbs being broke due to Christian's violent actions. It could be argued that the death of his brother could have been prevented if his mother took the appropriate steps to dealing with Christian’s violent behavior. Christians mother is now facing negligent manslaughter charges in relation to her 2-year-old's death. 

However I myself do not condone the actions that Christian Fernandez has apparently conducted; nor do I suggest he should not be punished if found guilty for the allegations that have been set upon him. However sending a child to a sentence of Life Without Parole (LWOP) is unjust and unfair for a number of reasons

1) This punishment if approved, would directly invalidate International Law specifically the 'Convention on the Right of the Child'; this piece of legislation emphasises the very nature of a child's rights, it enforces the child must have a right to life, that the best interests and development of a child are upheld, albeit the USA have not ratified this conventio, this case still affects international law and should be upheld on a global scale (please see the following link for more details on the Convention: http://www.unicef.org/crc/files/Rights_overview.pdf).

2) It affects the 8th amendment of the US constitution, which emphasises no individual should be subject to any form of 'cruel or unusual punishment'. Sending a child to the rest of their life institutionalised is not only cruel but also unfair.

3) The US Supreme Courts have emphasised in the past that the courts have a right to restrict an individuals rights and liberties, but are prohibited from 'extinguishing a life from potential'. In the USA; a life sentence means exactly what it states; that you will be in prison until you pass away, without any chance whatsoever of receiving parole. This sentence is applied to Christian would extinguish his existence from society and any potential.

It should also be emphasised that any longitudinal sentence provided to this child if found guilty would not be beneficial, lets say for arguments sake he does not receive life in prison but a 40-50 year sentence, he would find it difficult to;

1) Reintegrate into society, that is, if he is accepted into society and will he be able to cope with being institutionalised for such a considerable part of his life?

2) Trying to find his feet through establishing an occupation at such old age accompanied with a criminal record would prove to be difficult. 

There are too many questions that need answers to in this case that should in fact on there own prevent any form of sentence from occurring. Is Christian covering up for someone? Is he under any form of duress? If he had a past of violence then why was it not dealt with earlier? Etcetera. 

These are only a couple of reasons why Christian should not be subjected to such a horrific punishment. Arguably the main aim behind the prison system is to ensure there is a positive outcome, along with a form of rehabilitation for the individual in order to understand why they are being punished and how they can become integrated back into society. The risk of a child who has been subjected to a range of abuse and neglect being sentenced to a prison where there a wide range of criminals with not a care in the world is a frightening thought. He is a child and should be seen as innocent until proven guilty.  It should also be noted that if Fernandez is tried as a Juvenile he will be out of prison by the time he is 21. 

If you see anything wrong with the case of Christian Fernandez, then please sign this petition and help support this cause.

Thank you 
Calen Jack