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   Vol.65/No.8            February 26, 2001 
 
 
14-year-old in Florida could get life in prison
 
BY MIKE ITALIE  
MIAMI--Fourteen-year-old Lionel Tate faces the prospect of life in prison without parole. Convicted on January 25 of first-degree murder, Tate will be sentenced March 2 by Broward County Judge Joel Lazarus. Under Florida's mandatory sentencing laws, judges must sentence those convicted of first-degree murder to life in prison without the possibility of parole. Tate, an African-American, was 12 when he killed six-year-old playmate Tiffany Eunick in July 1999 in Pembroke Pine, Florida, north of Miami.

Tate's family is calling on Judge Lazarus to amend the jury's verdict and rule instead on manslaughter or second-degree murder charges, which allows for a lesser sentence.

Opposition to a life sentence for Lionel Tate is so strong that even Broward County prosecutor Ken Padowitz has stated he had told the defense from the beginning of the trial that if a life sentence is imposed, he will recommend to Gov. John Bush that he grant clemency and reduce the sentence. Padowitz has not said exactly what sentence he would recommend, and Bush has refused to say how he would respond if the case is presented to him.

It was the county prosecutor's decision to place the case of Lionel Tate in criminal court. Since 1992, 47 states have expanded their laws to punish juveniles as adults, not only for murder but also for drug crimes, weapons possession, and burglary.

Under the many "automatic transfer" and "mandatory waiver" laws that have been passed, any juvenile who commits a specified offense is automatically an adult. Some states have adopted "direct file" transfers, in which the prosecutor has the discretion to charge certain cases in either juvenile or criminal court. Prosecutors use this method frequently in Florida, where the number of transfers out of juvenile court reached 7,000 in 1995, almost as many as the 9,000 cases placed in criminal court by judges nationwide.

In addition, Black youth in the United States are six times more likely to be put in prison than whites. An April 2000 report released by the Youth Law Center demonstrates that racism exists at every step of the juvenile justice process. They found that while Black youth make up 15 percent of the population under 18, they account for 40 percent of youth sent to adult courts and 58 percent of youth sent to adult prison.

Among youth with no prior arrest record for murder, rape, and robbery, nine times as many Black youth are put behind bars than white youth. For drug offenses, which can carry a wide range of penalties, Black youth are 48 times more likely to face prison time. Hilary Shelton, Washington bureau director of the NAACP, stated, "Obviously racial profiling, targeting patrols in certain low-income neighborhoods, and racial bias within the justice system contributes significantly to the stark disparities confirmed in this report."

The case has sparked widespread discussion because of the growing number of cases in which the courts try youth as adults. On February 6 several hundred people filled the Koinonia Worship Center to "build unity" for Lionel Tate and to oppose the use of adult sentences against youth. Speakers included Lionel's mother Kathleen Grossett-Tate, who has spoken out for justice for her son, and Eric Jones of the South Broward Ministerial Alliance. Organizers announced there will be another rally on February 25 to demand Lionel Tate and other youth not be charged and sentenced as adults.  
 
 
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