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Criminal Law
Juvenile Homicide Cases: Florida v. Tate and Florida v. King
In Florida v. Tate, the facts supported charging the defendant with murder as well as charging him with a variety of lesser-included offenses, including the different levels of homicide and aggravated assault. However, there was no evidence of other crimes like kidnapping or conspiracy. In Florida v. King, the facts supported charging the juvenile defendants with conspiracy to commit murder. However, the facts also supported charging the adult defendant with sexual assault of a minor, conspiracy to commit murder, and it looks as if either harboring a runaway or kidnapping charges might also have applied to him.
Based on the facts in the case, the defense attorney in Florida v. Tate took an unusual approach in his defense of Tate. The injuries described in the articles about the case simply do not support the theory that the was forced to determine whether the defendant was culpable as an adult. Using a diminished capacity approach and providing evidence that the defendant was not functioning at the same cognitive level as a same-age child, who would have been aware that his actions would result in serious bodily injury or death, seems as if it would have been the only approach to result in a not-guilty verdict. The jury had to have a reason to believe that this adult-sized child, who acted in a manner that was far more violent than anything they would expect from a child his age, would not grow up to become more violent, but, instead, have the capability of learning that those actions were not acceptable, and the defense offered simply did not provide that belief.
In Florida v. King, the primary defense available to Alex King would also have been some type of diminished capacity defense possibly based on a psychiatric diagnosis…
Works Cited
Canedy, Dana. "Florida Boys Convicted in Father's Death; Family Friend is Acquitted in Separate Trial." The New York Times. 7 Sep. 2002. Web. 5 Mar. 2012.
CBS News. "Wrestling Case Draws Life Sentence.'" CBS News. 11 Feb. 2009. Web. 5 Mar.
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