Research Project

INTRODUCTION

To complete this research project, assume the perspective of a criminal defense attorney. You’ve been asked to consult on two high-profile murder cases, Florida v. Tateand Florida v. King.These cases were covered on truTV (formerly Court TV) and in the news. For this assignment, read the background and sentencing information on each case.

Read about the Tate case in the article listed here:

http://tinyurl.com/pf-LionelTate.

Read about the King brothers’ case in the articles listed here:

http://tinyurl.com/pf-kings.

Notice that both of these cases involve a homicide committed by juveniles, yet the outcomes are vastly different. Lionel Tate was sentenced to life in prison without the possibility of parole, while the King brothers were sentenced to less than 10 years each. Both cases occurred in Florida.

In 2003, an appeals court threw out Tate’s conviction based on his young age at the time of the murder, the fact that the murder was his first arrest, and the fact that the trial judge didn’t very whether Tate was competent to stand trial. Tate plead guilty to second-degree murder and, instead of retrying him, the state gave him the deal
he turned down three years earlier: a three-year prison term—he received credit for the time he served before the appeal—10 years probation, 1,000 hours of community service, and mandatory coun- seling. Tate was released from prison for this charge in January 2004.

Alex Tate was released on April 9, 2008, after serving six years for his part in his father’s murder. Derek King was released in March 2009 after serving seven years for his part in his father’s murder.

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Research Project

Research Project

After reviewing each case, write a 350–500 word essay dis- cussing allof the following points:

In addition to murder, do the facts support charging the defendants in each case with any other crimes discussed in your text as well as in this study guide? Explain your answer, which should demonstrate your knowledge of criminal law.

Based on the facts, what defenses were available to each of the defendants and why? When discussing the King case, you can focus on the conduct of only the youngest brother, Alex.

Based on your knowledge of punishment as discussed in this course, do the punishments violate the “cruel and unusual” prohibition in the U.S. Constitution? Explain your answer.

Format

Before submitting the final draft of your research paper, be sure to

1. Create a title page with the following information:
a. The course title, Criminal Law, and number, 40696500 b. Your name
c. Your student number
d. The project number, 40623900
e. The current date

2. Write an essay of 350–500 words, following the instruc- tions given for the assignment. Your essay should have a brief introduction, paragraphs that cover the required information, and a conclusion.

3. Double-space your essay, with standard one-inch left and right margins, flush left and ragged right. Use a standard 12-point font, such as Times New Roman.

4. Be sure to answer all of the assigned questions.

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Research Project

Grading Criteria

Your project will be based on the following criteria:

Content
Written communicationnFormat

A brief description of the criteria follows.

Content

80 percent 10 percent 10 percent

The student
Provides sufficient and relevant content for the essay

Correctly analyzes the issues of the case
Applies the course concepts in the analysis

Written Communication

The student

Includes an introductory paragraph, a body, and a concluding paragraph

Uses correct grammar, spelling, punctuation, and sentence structure

Provides clear organization by using words and phrases, such as first, however, on the other hand, and so on, since, consequently, next,and when

Format

The student’s paper isnDouble-spaced

Typed in a 12-point font
Written in 350–500 words
Contains no typographical errors