The client is a child who just turned 16 years old. Together with three friends, I was robbed and arrested many times near Guancheng Science and Technology Park in Sangyuan, Dongguan. As the defendant is a minor, the court aid office of Dongguan appointed me to defend him.
Seeing this child in Dongguan Detention Center, I felt that the image of him with his head shaved and wearing prison clothes was very different from the photos taken when he was caught by the public security organs. Now he looks helpless and scared, and I suddenly feel a little sad-in fact, he can get an education at school or do a proper job in society and lead a normal life instead of being trapped in a detention center today and waiting for legal punishment.
When I made an interview record, I asked him about his criminal facts and his role, and I also specifically asked him about his growth experience. It turned out that this child dropped out of school after finishing the fourth grade of primary school at the age of 1 1, and followed his father to a construction site in Dongguan from his hometown in Hunan. His father went back at the beginning of this year, and then he lost his job. I met some "friends" in the Internet cafe after I lost my job. No one has money to discuss and wants to rob it. So, four people bought fruit and squatted at the roadside or bridge where there were few people at night. They saw a girl walking alone, so they went up and robbed her. Everyone feels very enjoyable after grabbing the money successfully, and then grab it after spending it. In fact, these children are not vicious. Ignorance, lack of money and impulsiveness.
After I came back, I thought a lot about the reasons why teenagers commit crimes. When I was defending, I specially wrote down my child's growth experience and added the following sentence: "The defendant's criminal reason is a complex social factor, except that he himself bears certain responsibilities. Social environment, school education and family education also have unshirkable responsibilities. The defendant dropped out of school after finishing the fourth grade of primary school at the age of 1 1 and followed his father from his hometown in Hunan to Dongguan to start working on the construction site. Without compulsory nine-year compulsory education and family education, the defendant's physical and mental development is immature, he lacks the necessary legal concept and right and wrong concept, his self-control ability is poor, his social environment is mixed, and his life experience is shallow. This ignorant teenager has embarked on the road of crime. The ignorant boy embarked on the road of crime. I hope that the court will fully consider the defendant's previous age, position in the criminal process, criminal motivation, growth experience and other factors, and give him a lighter and lighter punishment based on the principle of combining punishment with education, giving the defendant a chance to turn over a new leaf and turn over a new leaf. "
I like to call these underage criminal suspects or defendants "children". Many people, especially the victims of robbery, hate these "children" and hope that they will be severely punished by law. They even think that they should be trapped in prison forever and not let them out to endanger society. But in fact, they are just underage children. These children are hurting others and society, but they are also hurting themselves. They have no good youth, so they have to ruin their youth for their mistakes, pay a deep price and accept legal sanctions. I recall my life from the age of eleven to sixteen: I lived a beautiful campus life, studied, played, received a good education, and had the ardent care of my relatives, and never worried about food and clothing. This child is eleven years old, living in college dropout, far from home, and starting to struggle for food and clothing. Every time I think about it, I feel sorry for this child, which is very worrying.
Many people and even many lawyers believe that lawyers should be rational, have no feelings for clients and handling cases, and measure everything by law. However, I think that lawyers should actually have feelings and a sensitive heart for everything on the basis of an objective view of the problem, so as to feel and perceive their clients from different angles. I think it will be better to analyze and deal with problems with laws after in-depth understanding. Just like my case, it is precisely because I deeply experienced the growth experience of this child that I am more cautious when defending this child. In addition to proposing statutory mitigation of punishment, I also put forward the profound reasons for the child's crime, and strive for the court to consider this factor and reduce the punishment for this child as appropriate.
I hope this case has a good verdict, and I hope that the tragedies of these ignorant children are less and less! !