Criminal Defense Attorney Steen You Term Paper

The prosecutor allowed that the crime is third-degree battery and that the homicide occurred during the battery. The mitigating circumstance in Alex King's situation was the influence that Ricky Chavez exerted over Alex, who was 12 years old at the time of this crime. Alex asserted that Mr. Chavez and he were in love and that if Mr. King were alive, he would not let Alex live with him. Alex admitted that he asked Derek to kill his father and although the crime appeared to be premeditated, the judge was unwilling to allow for first or even second-degree murder, thereby eliminating a lengthy prison sentence.

The 8th amendment to the United States Constitution protects U.S. citizens from cruel and unusual punishment. Juveniles under the age of 16 are exempt from execution due to this amendment, but may still receive the sentence of life imprisonment, as Lionel Tate did. In terms of comparison between these two cases, both tried in Florida, Lionel Tate's sentence of life imprisonment seems to be cruel and unusual punishment. The King brothers planned and executed the murder of their father and both received less than a 10 years sentence.The difference in the sentences seems to be directly related to what the judge was willing to accept as a charge against a juvenile and what that charge would indicate for a juvenile. The judge in the Lionel Tate case followed the sentencing for a 1st degree murder regardless of the defendant's age and the judge in the King case refused to accept a more serious charge.

Works Cited

"Florida Boys Plead Guilty to Third-Degree Murder in Father's Slaying." Courttv.com. 2002. 6

August. 2005 http://www.courttv.com/trials/king/111402_cnn.html.

Handlin, Sam. "Fourteen-Year-old Lionel Tate Sentenced." Courttv.com. 2000. 6 August. 2005 http://www.courttv.com/trials/wrestling/030901_sentence_ctv.html.

"Offenses Commonly Seen in the Juvenile Court or Crimes with which Juveniles can be Charged." Southern Juvenile Defender Center. 2003. 6 August. 2005

http://www.childwelfare.net/SJDC/offenseglossary.html.

Steinhaus, Rochelle. "Sons, Family Friend Face Life for Murder." Courttv.com. 2002. 6

August. 2005 http://www.courttv.com/trials/king/background.html.

"Where it all Began: 14-Year-old Gets Life." Courttv.com. 2000. 6 August. 2005

http://www.com/trials/wrestling/background.html......