I never knew that in Florida, a child of any age can be prosecuted as an adult. There are no age limitations. A child of any age can be prosecuted and sentenced to life in prison in Florida. I'm sorry, but that is just wrong.
In the case of Lionel Tate, who killed a 6 year old playmate (claiming it happened while he was imitating wrestling moves he had seen on tv), when he was only 12, he was tried as an adult and convicted of first degree murder. Sentenced to life in prison. At the age of 14. He has learning disabilities. He was ill informed regarding his plea options. Thank god an appeals court has ordered a new trial for this kid.
But there still remains the law. The law that allows for children of ANY age to be prosecuted as adults.
When the three-judge panel heard the appeal in September, Judge Martha C. Warner asked prosecutors what safeguards protect a young child from Florida's broad law that allows any person, regardless of age, to be prosecuted as an adult.
"There's no discretion exercised at all in this -- no societal judgment," she said then. "Age is not a consideration. That is what was argued through the whole trial."
Judge Fred A. Hazouri asked then what is to stop prosecutors from charging a 6-year-old with murder if the child gets angry at a Little League game, picks up a bat and kills a teammate. "At what point do we say as a society that that is just too young?" Hazouri said.
Assistant Attorney General Debra Rescigno would not answer then what age would provide a reasonable cutoff for a murder conviction.
How do they live with themselves?
I am the first to say that an adult murderer should spend life behind bars, but children are different. There needs to be a cutoff. There is a major difference between the perception & sophistication of a six year old, a twelve year old, a fourteen year old, a sixteen year old, and so on. The line has to be drawn somewhere. We can't just go putting little kids in the slammer and throwing away the keys as noncholantly and callously as if it were just the same as putting away a fully formed adult criminal. There IS a difference.
Posted by Maria at December 11, 2003 04:01 PM | TrackBack