Policy Implications CRJ 102 PDF

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policy analysis for the case and the theory...

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Criminology 102

Step #3 Policy Limitations In the Gabriel Fernandez case, the Netflix series entirely focused on what led to Gabriel's death. The show revealed how Pearl and her husband tortured and abused Gabriel. However, the show did not reveal in-depth Pearl’s background, which, by the tenets of the psychoanalytic theory, would explain her crimes in adulthood. Coverage of the trial revealed that Pearl was sexually and physically abused as a child. This paper presents an evaluation of Freud’s psychoanalytic theory and implications for policy implications. From the criminal justice standpoint, the psychoanalytic theory does not provide substantial evidence for policy implications or crime deterrence in the adult system. However,based on the theory, other disciplines such as social work and school counseling could implement policy changes to avoid child abuse cases by identifying signs of trauma or abuse. It can only be assumed that Pearl's actions are the result of internal conflict and childhood trauma that was not addressed. For instance, through Freud's psychoanalytic theory, we can be assumed that Pearl did not find gratification as a child (due to abuse), so she projected pain onto her son as a means to find gratification. The psychoanalytic theory, however, presents many limitations. For instance, the text states, "The psychodynamic approach places too much emphasis on the psychological factors, without considering the biological/genetic factors that influence and contribute to mental health problems”(McLeod, 2020, para.1). This related entirely to Pearl being taken advantage of by her boyfriend and was complicit in the crimes he had committed. The psychoanalytic theory does not consider biological and genetic influence that plays an important factor in mental health problems. The documentary on Netflix also showed how Pearl did not have the mental capacity

and how her IQ was below enough to be considered able to make any crucial decisions.Smith (2020) states,”By the time that brain development is taking place, she may have sustained, you know, some damage from the drugs she was using" (page 1). The limitations of this theory introduce how Pearl was a sadist for the abuse Gabriel sustained and based on the theory, it was due to childhood trauma, the only potential policy implications would be harsher child abuse laws. However, most importantly, these cases would not be heard unless discovered by a social worker, or school official. The text also states, “The origins of criminality are located in childhood deprivation and in solutions to such deprivations that make sense in both social and psychic contexts" (Brown, 2003, page 2,). This was very prominent in Pearl's case since she had lost her father to the criminal justice system and had been repeatedly abused by her mother, which in return made her run away from home. By looking for validation from outside sources, made her turn to her boyfriend, which also abused her, this then created the fixation of Gabriel's abuse. This is because since she was deprived of a good childhood in both psychic and social contexts. Overall, the psychoanalytic theory focuses on childhood development and could provide implications for policy change in the juvenile justice system, but would prove difficult in the adult justice system. Felson (2017) contends that psychoanalytic theory focuses on childhood trauma which could become transgenerational. That assumption would imply that had Gabriel survived, it is possible he would of abused children as well. In the context of the criminal justice system the goal is deter crime, yet in this case of Gabriel Fernandez, the system could not deter such atrocities. However, since the ideology of rehabilitation of punitive measures, the theory can provide some insight on how to rehabilitat an offender like Pearl, but would work better in her juvenile years.

References Brown, A. P. (2003). From Individual to Social Defences in Psychosocial Criminology. Theoretical Criminology, 7(4), 421–437. https://doi.org/10.1177/13624806030074002

Felsen, I. (2017). Adult-onset trauma and intergenerational transmission: Integrating empirical data and psychoanalytic theory. Psychoanalysis, Self and Context, 12(1), 60-77.

McLeod, S. (2020). The psychodynamic approach. Retrieved from https://www.simplypsychology.org/psychodynamic.html?__cf_chl_captcha_tk__

Tron, G. (2020). Who Is Pearl Fernandez, mother of Gabriel Fernandez, And where is she now? Retrieved from https://www.oxygen.com/true-crime-buzz/trials-of-gabrielfernandez-who-is-pearlfernandez#:~:text=Smith%20noted%20that%20Pearl%20had,The%20Trials%20of%20G abriel%20Fernandez.%E2%80%9D...