I understood his question, I just spun it around. Because there's a problem with putting that much emotion into the legal system. If at 10, she was accused of killing a 2 year old, I wouldn't look for a motive (What motive can there be for the death of a 2 year old?) I'd do everything possible to prove she didn't do it, because I know she wouldn't.
But yeah, he asked if I'd feel the same if Jess was in the position of killer, I spun it around to her being the victim, and you look at how opinions change automatically. That's why we can't be that biased and emotional when looking at sentencing for something like this. I mean, I'd never wnt her in prison regardless of what she did, but I know prison is necessary for crime, so emotion doesn't add up to practicality.
Yet the point I'm making, the point you're proving (whether you're agreeing or otherwise) is that you can not factor in emotions when determining the punishment of a crime. Especially one such as murder.
However, the view point I'm asking you to look at is this..
Someone, somewhere in this world - this guy being accused has a Family who is standing beside/behind him and fighting for his rights. Whatever they may be. At age 10, from what I understand - he killed a 2 yr old. (I don't know the story - just what I read in the opening statement and the last page) You said yourself, there seemingly couldn't be a motive.. so why'd he kill a 2 yr old? Just to see what it would be like? Or if he even could? Isn't that in itself, a motive?
Anyways, the point is.. YOU are wanting this kid to face the deepest, darkest punishment possible. Be it instant death, life in prison, or torture by way of being tied up and forced to watch every single episode of High School Musical.
You can sit there and demand that, because you have no ties to him. But put yourself in the position to have emotional value to the person being charged with this crime. (ie. Jess) You suddenly wouldn't be demanding a swift punishment as quickly.
Crimes need to be dealt with by justice. And every Country's Justice system sucks. But overall, its easy to pass judgment on someone, whom you don't know, whom you don't care of what will happen as the outcome decided. In essense - YOU, are no worse off from a murderer themselves.
You're making a life altering decision/demanding one happen, without the thought of what would happen to the Family of the individual you're passing judgment on.
EDIT: I just read something that said this second offense was him being arrested or caught watching child porn? Thats it? Look - its sick, its twisted, its likely on sale on ebay somewhere.. but its not a crime punishable by death. Now I truly do question you being no better than any common murderer.