On March 29th, 2020, I watched the Frontline video "When Kids Get Life."
It is disturbing this country has ceased to look at mitigating factors
such as abuse, trauma, and mental capacity. It is disappointing to realize as a
society, we have decided our youth are incapable of redemption. Judicial
hearings are no longer necessary in some jurisdictions to determine whether to
charge a child as a juvenile or an adult. The stories in this video are
alarming.
In modern times juveniles are treated harsher than in the
past. The Supreme Court ruled in Miller v. Alabama; juveniles cannot be
sentenced to mandatory life without parole for murder. However, over 2,000
inmates convicted as juveniles are still serving LWOP. Inmates may even be
re-sentenced, but repeatedly denied parole. If you were an outsider, it would
appear the United States has an obsession with vengeance.
In a civil society, we must maintain order and public
safety, and there is no question about that. Punishment and retribution are
legitimate goals of the justice system, but rehabilitation should be the
primary focus after public safety. Juveniles are often victims themselves, as
we see in the video. Perhaps we need to stop calling children delinquents.
Justice involved child is a more appropriate term. Sentencing children to LWOP
as a standard is like saying we have throw-away children. It is similar to
sending your new Mercedes to the junkyard because of a busted headlight.
Anyone can sympathize with the family member of a victim,
but lifelong vengeance and justice are not the same things. Why did the
offender commit the crime is a valid question in deciding the action to be
taken: the mental capacity, abuse, age, illness, and trauma endured need to be
considered. Our system fails children every day. Jacob Ind is an example of a
child left behind by the system. How does a 15-year-old child process his
stepfather throwing him in a bathroom, hitting, masturbating in his face, ejaculating on him, calling the
child dirty, and to take a shower? Jacob's brother reported the abuse, and his
mother ignored it. Who knows how long this kind of sexual violence took place.
Who can say what they would do in that situation, especially given the fact the
brain of a child that age has not fully developed? I think it is pretty cold
not to consider all the mitigating factors.
15-year-old Nathan Ybanez murdered his mother after his
friend came to pick him up after work. It didn't appear to be pre-meditated and
was likely acting out due to repeated mental and sexual abuse by his mother.
Nathans mother would tell him he didn't love her if he wanted to spend time
with friends; she followed him at all hours of the night like she had an
obsession with him. Nathan's mother sexually molested him. Erik Jensen, 16
years old, shared his suspicions with his parents; he suspected sexual abuse
after overhearing an odd phone call with the mother. The parents contacted
authorities, and social services said the most they could do was take a report.
Social services told the Jensens, "they did not have the resources to look
out for after teenage boys that should be able to look out for
themselves." I look at Nathan as a victim, not a delinquent.
One
night Erik went to pick up Nathan after he left work. Nathan told Eric to check
on him if he was not out in 20 minutes. After Nathan did not come back out,
Eric knocked on the door, Nathans mother let him in, and Erik waited in his
troubled friends' room. While waiting for Nathan, Erik could hear a violent
fight taking place in the other room. Nathan called for Erik to bring him bags.
Erik was not in the room when the murder took place, but admits and believes he
fainted when Nate handed him the bloody tongs used to beat his mother and then
choke her until she expired. I don't think there was a plan. The boys called,
Brett, a friend to help clean up, involving more individuals, is never wise
when committing a crime. The actions of these children do not show
premeditation.
Nathan was apprehended and charged with murder;
afterward, Erik and Brett were arrested and charged as accessories to murder.
In exchange for immunity, Brett implicated Erik in the vicious killing. Nathan
and Erik are charged as adults and sentenced to LWOP. I believe Erik was in the
wrong place at the wrong time, and that Brett implicated him to avoid prison.
Erik was present and now serving LWOP and didn't kill anyone, yet convicted of
felony murder.
Abuse reported to authorities was not investigated or
acted upon in these children's cases. The parents, social workers, and the
system failed these so-called Juvenile delinquents before they committed any
crime. We cannot hold children to the same standards as an adult, especially
when they do not have equal power. Society doesn't believe these children are
capable of voting, smoking, drinking, military service, entering contracts,
controlling inheritance, quitting school, playing little league, getting married,
having abortions, or making medical decisions. Children lack adult rights and
should not have to face adult consequences. It is vital society find the answer
to why these things happened. The study of these matters is needed. The frontal lobe is still developing until
the age of about 25, which is the part of our brain responsible for impulse
control. This group cannot appreciate the consequences of their actions or the
long term consequences. One must wonder what happened to these children's
abusers to make them engage in this abuse. I wonder if they were not victims in
the past in some capacity? Hopefully, as a society, we can be open to exploring
these problematic issues and questions.
Short Opinion Blog Post by Shad Hagan
Short Opinion Blog Post by Shad Hagan
No comments:
Post a Comment