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WEST PALM BEACH, Fla. (AP) The recent murder trials of two
14-year-old boys are prompting new criticism of Florida's get-tough
laws aimed at prosecuting violent youths as adults.
"Florida has overreacted, as many states have, to what was
perceived to be a juvenile justice crisis in the early '90s," said
State Attorney Harry Shorstein in Jacksonville, who opposes
mandatory sentences.
In Florida, juveniles convicted of first-degree murder receive
an automatic sentence of life in prison with no parole, same as
adults. Defendants as young as 17 can get the death penalty, and
voters next year may lower that to 16.
Detractors say the mandatory sentencing requirements prevent
judges and prosecutors from offering leniency to juveniles, even
when they believe rehabilitation is possible.
Gov. Jeb Bush, a Republican, said this week that he believes a
defendant's age should be a factor in sentencing. And prosecutors
who won the murder convictions of the two teen-agers, Lionel Tate
and Nathaniel Brazill, both said they back changes in sentencing
rules.
Whether the GOP-controlled Legislature will loosen the laws is
another question.
"Politically, it may be more expedient to continue the
get-tough approach," Shorstein said. "It's simpler and it's
popular when you have a conservative constituency."
Republican state Rep. Randy Ball said he believes teen murderers
have an "element of evil" that prevents rehabilitation, despite
their age.
"When you deal with a kind of kid like Brazill, who ruefully
executes a human being, the risks are too high to justify ever
returning him to society," he said.
Spurred by an alarming rise in juvenile crime, Florida changed
its laws during the late 1980s and 1990s to make it easier to try
youths as adults. Florida is one of just 15 states that gives
prosecutors the authority to send youths to the adult system.
Florida leads the nation in doling out adult punishments to
youthful offenders. In 1998, Florida had 572 juveniles in adult
prisons more than any other state. Connecticut followed with 505,
compared with 272 in Texas, 316 in New York and 163 in California.
Five years ago, 5,350 Florida juveniles were tried as adults.
The number has dropped slightly in the past two years, reflecting a
nationwide drop in crime.
James Fox, a criminal justice professor at Northeastern
University in Boston, said most voters nationally indicate they
want young killers locked up.
"I don't think the public is fed up at all," he said. "The
reason we are in this get-tough mode right now is because the
public was so frustrated and angry as what they saw as the juvenile
justice system was soft on crime."
The case that put the spotlight on Florida's juvenile justice
system involved Tate, who was 12 when he beat a 6-year-old family
friend to death while imitating pro wrestlers. He was convicted in
January of first-degree murder and, as mandated, sentenced to life
in prison with no hope of parole.
Brazill was convicted this week of second-degree murder for
fatally shooting his English teacher between the eyes minutes
before school was dismissed for the summer last year. He was 13 at
the time. He now faces a sentence of 25 years to life, though
defense attorneys say the judge can impose a lesser term.
The prosecutor in the Tate trial, Ken Padowitz, said he pushed
for a first-degree murder conviction and a life sentence because he
believed that was what the law required.
But after the boy's sentencing, Padowitz said he would tell Bush
that Tate's life term should be commuted and that he supports
legislation to give prosecutors and judges more flexibility when
sentencing juveniles.
In the Brazill case, prosecutor Barry Krischer said the law
forced him to pursue adult charges. He said he would like judges to
have the option of sentencing juveniles under 16 who are convicted
of first-degree murder to 25 years in prison.
He even drafted legislation allowing judges to impose a
combination of terms in juvenile and adult prisons. Democratic
state Rep. James Harper introduced the bill during the recent
legislative term then withdrew it, in part because he believed
lawmakers weren't ready to appear soft on crime.
Harper said he plans to reintroduce the measure.
"It was a national Republican agenda to be tough on crime,"
Harper said. "When you don't have the numbers to support some of
the tough actions or sanctions that we're taking, it's hard to
maintain that posture."
Other changes could be on the horizon.
State Sen. Walter Campbell, a Democrat, said he will propose a
bill that would put killers under 16 in separate juvenile prisons
until they turn 21. Then a judge could re-evaluate their sentences.
"Unless we had the Tate case and the Brazill case, both which
are heinous crimes, I don't think the public would have understood
this is a major problem in our juvenile justice system," he said.
"Do we really want to punish these kids as adults or do we want
to say these are children and they will be rehabilitated?"
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