Can a minor charged as an adult in a capital crime get the DP?

[bicentennial_baby]

I just heard about a case in FL, where a 12 yr old beat his 17 month old relative to death with a bat, and that they may charge him as an adult. Since FL has the Death Penalty, could he theoretically be sentenced to it?

Thanks :)

[aikoaiko]

1. I don't know -- but await the answer.

[rateyes]

2. It happened in Virginia several years ago.

Tried as an adult, sentenced as an adult would be my best guess.

[bicentennial_baby]

3. Hm, ok...

I find it hared to swallow that a 12 year old, probably 13 or 14 by sentencing, could be sentenced to death. Wow.

[ayeshahaqqiqa]

19. Decades ago, Florida electrocuted a 14 year old

I read about it in a paper about not applying the death penalty to minors. The child had to be specially strapped down, and was crying and asking for his mother. I probably don't have to add that he was black.

[China_cat]

4. He could get it but they would wait until he's past his 18th

birthday to apply it.

Ok, not any more.

On March 1, 2005, the U.S. Supreme Court abolished the death penalty for minors. Prior to this ruling, minors were subject to the death penalty in a majority of states where the death penalty is practiced

[AlCzervik]

5. i'm almost sure in Florida it's a no but he'll probably end up in prison for the rest of his life.

i think if you're younger than 16 you cannot receive the death penalty in Florida.

[bicentennial_baby]

6. I suppose I could Google it...I'm lazy

:P

[AlCzervik]

8. i'm going by memory here so ya, you want to look that up because you know how i am.

:o

[acmavm]

7. Yes. That is the whole point. So that 'adult' punishment can be meted out.

[stillcool]

9. I don't believe so...

I know I have something regarding that I just have to find it..but...I'm pretty sure that the death penalty is the only thing that differs in a minor's prosecution and sentence.

[bicentennial_baby]

12. Just found this from 2005:

Supreme Court ruled Tuesday that applying the death penalty to offenders under the age of 18 is unconstitutionally cruel, ending the practice nationwide.

The 5-4 decision strikes down laws in 19 states that allowed convicts who were 16 or 17 at the time of their crimes to be tried as adults and sentenced to death, depending on the seriousness of the crime. The court had previously ruled that those under the age of 16, and the mentally retarded, could not be executed.

http://www.pbs.org/newshour/updates/death_penalty_03-01-05.html

[stillcool]

18. I found something here...

.but I'm not sure how old it is...

http://www.campaign4youthjustice.org/Downloads/NEWS/JPI014Consequences_Summary.pdf
THE CONSEQUENCES AREN’T MINOR
The Impact of Trying Youth as Adults and Strategies for Reform

What are the Policy Options in Florida?
• Legislators press for reforms to Florida’s adultification statutes: For example, Florida State Senator Steven Geller introduced Bill 530 to provide parole eligibility for first-time offenders who were younger than 15 years old and convicted of offenses that carried a death or life sentence or a sentence of greater than 10 years. The bill has not been approved by the legislature yet.
PG.
.....which I found here:
http://www.realcostofprisons.org/papers.html

[PDJane]

10. Um...........

As I recall, the US has agreed to the international convention against applying the death penalty to minors...against the wishes of George Bush.

Yeah, I just looked it up...the Supreme Court, in March 2005, ended the death penalty for crimes committed by minors. The US was one of a very few countries who allowed the practice, and it brought the US in line with prevailing international law and opinion.

http://www.abc.net.au/news/newsitems/200503/s1314003.htm

[dsc]

11. No

A fairly recent SCOTUS case made it so that anyone under 18 at the time of commission can't be executed for the crime. It was 16 before that so even then the 12 year old would be ineligable.

[bicentennial_baby]

13. Yeha, I just found the info, thanks...

:hi:

[JVS]

14. *snort*

[bicentennial_baby]

15. Hehe....

:spank:

[JVS]

16. lol

[TheWraith]

17. Used to be that way if they were over 18 at the the time of sentencing.

Not anymore. We were one of only five countries that does that: the others being, again to my best recollection, Iran, Saudi Arabia, Pakistan, and Nigeria. That's really a list you want to be on.

[PDJane]

20. almost right............

China, Congo, and Yemen are on that list too. It's still not a list placement for a supposedly civilized country.

[TheWraith]

21. My mistake, thank you. NT