Citation

Bishop DM. Criminol. Public Policy 2004; 3(4): 633-644.

Copyright

(Copyright © 2004, American Society of Criminology, Publisher John Wiley and Sons)

DOI

10.1111/j.1745-9133.2004.tb00068.x

PMID

unavailable

Abstract

Lionel Tate was 12 years old when he killed 6-year-old Tiffany Eunick. Tiffany had been staying at the Tate home and, by all accounts, got along well with Lionel. The two were playing at "wrestling" when Lionel decided to try out some moves that he had seen on television. He threw Tiffany across the room, inflicting fatal injuries. Despite the boy's tender age, the prosecutor transferred Lionel to criminal court on a charge of first-degree murder, an offense carrying a mandatory penalty of life without parole. The boy was given an opportunity to plead guilty to second-degree murder in return for a sentence of three years incarceration, but he rejected the offer. A jury subsequently convicted him of first-degree murder. At sentencing, the prosecution recommended leniency, which drew an angry response from the judge: If the state believed the boy did not deserve to be sent to prison for life, why hadn't it charged him with a lesser offense? Without any inquiry into the boy's cognitive, emotional, or moral maturity, the judge imposed the mandatory sentence. Raymond Gardner was 16 years old when he shot and killed 20-year-old Mack Robinson. Raymond lived in a violent urban neighborhood with his mother, who kept close watch over him. He had no prior record. He was an A student and worked part-time in a clothing store to earn money for college. On the day of the shooting, a friend came into the store to tell Raymond that Mack had a beef with him about talking to a girl, and was "looking to get him." The victim was known on the street as "Mack the Knife" because he always carried a small machete and was believed to have stabbed several people. To protect himself on the way home, Raymond took the gun kept under the counter of the shop where he worked. As he neared home, Mack and two other men approached and blocked his path. According to eyewitness testimony, Raymond began shaking, then pulled out the gun and fired. Mack ran into the street and fell. Raymond followed and fired five more shots into the victim's back as he lay dying on the ground. Raymond did not run. He just stood there crying. The prosecutor filed a motion in juvenile court to transfer Raymond on a charge of first-degree murder. The judge ordered a psychological evaluation, which addressed the boy's family and social background, medical and behavioral history, intelligence, maturity, potential for future violence and prospects for treatment. The judge subsequently denied the transfer motion. He found Raymond delinquent and committed him to a private psychiatric treatment facility.

KEYWORDS: Juvenile justice;

Language: en