In an event in which the result is death the defense of involuntary manslaughter is available if the defense can show that it was not an intentional killing.
He also used a partial wrestling defense. He was not allowed to use a complete wrestling defense because the professional wrestlers who were asked to testify to the moves that Tate had seen on television and how they were done refused to testify. The judge did not order them to testify but did allow tapes to be shown of the moves that Tate said he performed on his friend.
Tate's attorneys could have also used a manslaughter defense. Manslaughter can be used when a death occurred, the defendant knew that his or her actions might cause injury but they were not anticipating a death.
In the case of Alex King the defense of coercion might fit. Alex states that he had an affair with a 40-year-old sex offender. At his young age that could be valuable as a defense. In addition his older brother who had only returned seven weeks earlier admits that he is the one who suggested to the younger King that they kill their father. Due to his young age and the influence that his older brother and his 40-year-old lover had on him he may have been able to convince a jury that he was coerced.
In addition the defense of his age may have worked. His attorneys could have argued that due to his age he was not capable of understanding the consequence or seriousness of his actions. In addition because he didn't actually hit his father with the bat he could argue that he should not be tried for murder but for the lesser charge of tampering with evidence or with accessory after the fact.
PUNISHMENTS
The punishments of the King brothers do not violate...
In addition a life sentence without the possibility of parole handed down to him at the age of 14 violates the prohibition as well. It was cruel and unusual and went beyond what was reasonable given the circumstances of his life and his age at the time the death occurred.
CONCLUSION
While Florida has a provision that allows the sentencing of the remainder of life without the possibility of parole it should not be an option in the case of crimes committed by juveniles. Both cases were about murder, yet the outcomes were entirely different. Differences in the cases include the color of the skin of the defendants as well as whether the defendant had a public defender or a paid attorney on their side. The punishments started out in violation of the cruel and unusual punishment but in recent history have been reduced so that they no longer fit that provision. The King boys have been moved to a juvenile facility and the Tate case has been revaluated and Tate is scheduled to be released within the next few years.
References
Where it all began: 14-year-old gets life (accessed 08-06-06) (http://www.courttv.com/trials/wrestling/background.html)
Sons, family friend face life for murder (accessed 8-6-06) (http://www.courttv.com/trials/king/background.html)
