Criminal defense attorney roles and responsibilities

Criminal Defense Attorney

Steen

You only need to read the newspaper or watch the news to see that the incidence of serious juvenile crime is on the rise in the Unites States. Controversy related to juveniles being tried as adults and subsequent sentencing has made this issue a hot topic for defense and prosecuting attorneys alike.

Two cases of juveniles accused of murder which have provided fodder for the controversy are Florida v. Tate and Florida v. Tate. Lionel Tate, accused and convicted of the homicide of a 6-year-old friend, Tiffany Eunick, was sentenced to life in prison. The King brothers accused and convicted of the murder of their father, were each sentenced to less than ten years in prison. The defenses in the cases allowed the latitude the judge exhibited in sentencing.

Lionel Tate's attorney used a defense that the juvenile did not realize that the wrestling on television was theatrical and that his client was not experienced enough to realize the dangers of the wrestling. However, the jury thought the extreme violence of the attack was justification for the murder conviction and the judge upheld their decision and sentenced Lionel Tate accordingly. The prosecution offered a plea bargain, which was not accepted. There are other offenses for which Lionel Tate could have been charged with which could have led to a lesser sentence. The law allows for the charge of manslaughter, which according to the Southern Juvenile Defender Center (3), can be used when there is no intent of murder, but the person perpetrating the homicide did cause the death. Murder can also be considered in degrees, related to premeditation. Considering Lionel Tate's age, 12 at the time of the homicide, and the availability of lesser charges, the possibility seems good that a lesser sentence could have been agreed upon, with the use of third degree murder, manslaughter or battery, as was the case of the King brothers.

The King brothers case was more complex, involving two brothers and an adult who influenced the juveniles' decisions. The King brothers pleaded guilty to second-degree murder and were found guilty. The judge in this case, threw out this judgment, which would have led to life imprisonment, and mediation led to the sentencing for third degree murder and arson. 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.