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EDITORIAL YOUNG JUSTICE MAKING THE PUNISHMENT FIT THE CRIMINAL.


THE image of 14-year Lionel Tate Lionel Alexander Tate[1] (born January 30, 1987) was convicted of first-degree murder for battering a 6-year-old playmate, Tiffany Eunick, to death on July 28, 1999, a crime for which he was sentenced to life imprisonment without chance of parole in Florida Department , a tear streaming down his face after being sentenced to a life in prison, has elicited a wave of sympathy nationwide.

The prospect of a boy losing all hope and promise for his future at such a young age is horrific.

And yet Tate is getting off easy compared with little Tiffany Eunick, the 6-year-old girl he brutally beat to death in Florida in 1999.

While Americans have been bombarded with the image of Tate's sentencing, we have been spared a look at the ghastly autopsy pictures depicting more than 30 injuries on Tiffany's little body. Those injuries include a fractured skull and rib, a torn liver, bruises to her head, face and kidneys.

Those pictures convinced a jury and a judge that Tiffany's death was no accident - it was a homicide.

So what does society do with the likes of Lionel Tate? To deny him his future seems medieval. To do any less seems like a miscarriage of justice A legal proceeding resulting in a prejudicial out-come.

A miscarriage of justice arises when the decision of a court is inconsistent with the substantive rights of a party.
.

We begin by recognizing that there is no perfect penalty that can balance all the competing values of compassion, justice and protecting public safety.

Likewise, there are no happy resolutions to grisly gris·ly  
adj. gris·li·er, gris·li·est
Inspiring repugnance; gruesome. See Synonyms at ghastly.



[Middle English grisli, from Old English grisl
 child murders.

Tough as it might seem, the jury's verdict was probably the best one it could deliver under Florida law The jurisprudence of this state offers major differences from doctrines prevailing in the United States at either the federal level or that of the various states.

Homestead exemption from forced sale, the dangerous instrumentality doctrine, the right to privacy, and the Williams
, which calls for life without parole for those found guilty of felony murder The felony murder rule is a legal doctrine current in some common law countries that broadens the crime of murder in two ways. First, when a victim dies accidentally or without specific intent in the course of an applicable felony, it increases what might have been manslaughter (or  with an underlying cause of aggravated ag·gra·vate  
tr.v. ag·gra·vat·ed, ag·gra·vat·ing, ag·gra·vates
1. To make worse or more troublesome.

2. To rouse to exasperation or anger; provoke. See Synonyms at annoy.
 child abuse.

The thought of confining a boy to life behind bars for a crime he committed when he was 12 is unacceptable to many, while the alternative - letting a convicted killer prey on another helpless victim - is unthinkable.

It was a heartbreaking heart·break·ing  
adj.
1. Causing overwhelming grief or distress.

2. Producing a strong emotional reaction: heartbreaking loveliness.
 crime and the choice is heart-wrenching.

We can only hope that, faced with the harsh consequences of his actions, Tate will show remorse, change his ways and rehabilitate re·ha·bil·i·tate
v.
1. To restore to good health or useful life, as through therapy and education.

2. To restore to good condition, operation, or capacity.
 himself.

Should that day ever come, Florida's governor could commute his sentence and give him a fresh start.

But it must begin with Tate accepting responsibility for his actions. If he was old enough to kill without mercy, he is also old enough to come to terms with the moral gravity of his crimes.

So far, the adults in his life have all tried to keep him from accepting that responsibility. His lawyer blames Tiffany's death on the influence of pro wrestling. His mother insists it was an accident.

Maybe spending some time away from these influences and alone with his thoughts will help Tate realize he alone is responsible for his actions - and his fate.
COPYRIGHT 2001 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Article Type:Editorial
Date:Mar 13, 2001
Words:425
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