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Tate V. Florida and King V. Florida

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Submitted By ykpayne26
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I will briefly discuss the two cases; punishments received and speak on if the charges fit the crimes committed. I will discuss if any other charges may have been applicable to each of the defendants. Finally, I will determine if the punishment imposed violated the prohibition of “cruel and unusual” punishment in the constitution.
These two cases have caught the attention of the public due to the nature of the crime and also the outcome of the court’s decisions. In 2001, Lionel Tate, 12-years-old, is convicted of a first degree murder for killing six-year-old playmate Tiffany Eunick. According to Tate’s defense attorney, the defendant was imitating wrestling stars when he claimed that he unintentionally killed the victim. Tate was sentenced to life imprisonment without parole. Tate could have been charged with manslaughter as the rules for manslaughter are geared towards charging a person for negligence versus intent to kill. However, the judge felt the slaying was “cold, callous and indescribably cruel.” In the case, King v. Florida, Alex King, 13, and Derek King, 14, were charged with first degree murder, arson and were given under 10 years in prison without parole. The King siblings killed their sleeping father and then set their house on fire to cover up their crime. The defense attorney said the brothers wanted to escape from their father and be with their neighbor, Ricky Chavis. It was said that Alex was in love with Chavis and that the old neighbor is sexually interested with the minor child. The difference between the Tate case and the King case is that the one was tried by a jury and the other was tried by a judge. Consequently a jury may be more likely to make decisions based on how persuasive the lawyers are and be much more lenient on the sentence imposed as in the Kings case. I think the Florida justice system failed them by

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