Tuesday, May 21, 1996
Criminal justice system lets young offenders off easy
Perhaps you’ve seen these headlines: “6-, 8- Year-Olds Held in
Beating,” “Newborn ‘Critical’ After Savage Attack,” “Community
Stunned by Month-Old Baby’s Beating,” and “Boy, 6, Charged With
Trying to Murder Baby.” If you have, then you are just as
devastated and stunned as I am. Perhaps speechless is a better
word. And if you haven’t seen or heard about the above headlines,
then read on as I will attempt to pick apart any logical
explanation and punishment for this shocking incident.
This is a story about two young boys’ shattering impact on the
U.S. judicial system, a family and communities across the nation.
Their action should forever change the structure of jurisprudence
in America. A judicial system that has been characterized by many
as too lenient and ineffective. The system fails to respond to the
current changes that have transpired within society. People’s
values, lifestyles and treatment of one another have changed. Some
will associate the lack of morale and values within societal
boundaries as “profit driven by corporate America.” Others will
cite reasons associated with lifestyles.
Whatever the explanation, one thing is clear: The current
judicial system must be reformed or amended. It simply does not
protect the public from unjust and inexcusable criminal conduct.
Perhaps what happened to a tiny, helpless baby should serve as
backbone for the inevitable.
Picture this. You have recently given birth to a 4-week-old baby
that is extremely precious. From the instant this baby breathes its
first dose of polluted air, it automatically inherits the
constitutional rights given to all Americans and protected by the
courts. This living organism relies on its immediate family for
food, shelter and protection. And, in certain special
circumstances, it relies on the U.S. judicial system for security,
protection and retribution. The right to life, liberty and justice
is not dependent on an individual’s age, color or cognitive
development. It is an inherited right granted to all Americans
without any restrictions or conditions.
On Tuesday, April 23, 1996, a 4-week-old infant named Ignacio
Bermudez Jr., was found severely injured. According to Police
Sergeant Mike Walter, the infant was asleep in a bassinet when two
young boys, ages 6 and 8, “turned the bassinet upside down,
spilling the baby out, then kicked and punched him and smacked him
severely with a stick, cracking his skull.” These two alleged
assailants walked through the front door of the house with the
intent of stealing a Big Wheel-style tricycle, retailing at
approximately $20. And, in a matter of few minutes, the two boys
turned their attention to a helpless, tiny infant. The 4-week-old
infant suffered extensive head injuries which can cause permanent
brain damage.
Even if this helpless victim does not suffer permanent brain
damage, you can rest assured that his physical and mental status
will undoubtedly be handicapped in one form or another. He will not
be able to do the many things which ordinary, fortunate kids and
adults can do. At best, he will experience a lifestyle full of
therapy, counseling, rehabilitation, special accommodations and
unforeseeable obstacles.
So where do we go from here? How can we, the people, serve as
the voice for a helpless, tiny victim? How can Congress reform a
system that has failed to deter immoral and conscienceless
individuals from committing questionable and inexcusable criminal
acts? Clearly, certain criminal offenders have no fear of
punishment rendered by the courts. As a matter of fact, some even
look forward to being convicted and jailed, as tax paying members
of society will subsidize their room and board, food, recreational
activities and/or “psychological therapy.”
In the history of California, there has been no other instance
where a heinous crime of this magnitude has been committed by two
such young boys. At an age when they are supposed to be in school
and playing Nintendo, these boys lived a lifestyle well beyond
their years. It seems they were given too much freedom, too soon.
They resisted discipline. They were rebels of the ultimate cause.
And, they lacked motivation and guidance.
Throughout the past decade, Americans have witnessed criminals
that are younger and more dangerously equipped. The 6- and
8-year-old “superpredators” had a history of disruptive behavior.
In particular, the 6-year-old boy had gotten into fights and
bullied other kids. He skipped school and disliked discipline. He
committed multiple break-ins and thefts. He wandered the street
into the evening and carried penknives, sticks and other weapons.
Students in his school found the superpredator as disruptive,
dangerous and unpredictable. However, no one imagined him to commit
such a vicious crime. No one, including his mother who has been
heavily criticized for her lack of supervision, care and
responsibility.
Some might say the 6-year-old superpredator was crying out for
help because of his background and immediate surrounding. Others
might blame hereditary biological factors through genes inherited
at conception. Whatever rationale or explanation experts might
contribute to the criminal act committed by this 6-year-old alleged
assailant, one thing is clear: He has developed into a
superpredator that is dangerous, unpredictable and infected.
Psychological treatment and therapy are no longer the solution.
America has tried it for years, and the overwhelming results have
been disappointing. Criminals are younger and more dangerous than
ever before. Thus, the judicial system must be amended or reformed
to respond to the social and financial needs of the public.
Presently, the courts have a few judicial codes and case
precedents which address such youthful, criminal offense.
Specifically, if the 6-year-old is convicted of his crime, he will
be placed in foster care or a specialized group home. If anything,
the boy will be looking forward to a guilty verdict. Why? Because
he’ll be placed in a warm, nurturing environment where the basic
components of a functional family are prevalent and enforced. He
will receive care, attention, supervision and unity at the expense
of taxpayers. It is a small price to pay when you consider the
austerity of the crime. He has drastically and intentionally
changed the lives of many people.
The 4-week-old infant will severely suffer through either a
permanent handicap or death. The infant’s family will be tortured
and emotionally scared for a long time. Despite all this, the
6-year-old boy has intentionally committed a vicious crime. And,
under the present judicial system, he will receive an
all-expense-paid sentence to a foster home or a specialized group
home. A small price to pay when you consider his premeditated
motives and state of mind.
Banayan is a 1994 UCLA alumnus.
The current judicial system must be reformed or amended. It
simply does not protect the public from unjust and inexcusable
criminal conduct.