Felony Murder Controversy
Florida Statutes required the jury to convict Tate of first-degree murder even if the jury did not believe that the he intended to kill or injure anyone—all that was required was that Tate knowingly abused another child who died as a result (wherein any intentional act that could reasonably be expected to result in physical injury to a child is child abuse per Florida statutes).
The rule for such convictions is known as the felony murder rule. The sufficient conditions of the felony murder rule were listed by the judge Joel T. Lazarus during sentencing.
Thus Tate was sentenced to life in prison without the prosecution having to prove that he intended to kill or injure, or realized that his acts are likely to kill or injure, or even that a typical child of his age would or should realize this.
Critics, such as the various groups listed as AMICI CURIAE in Tate's appeal, assert that convicting preteen children of 1st-degree murder without having to prove these children intended any harm, not to mention serious injury or death, is unacceptable.
Read more about this topic: Lionel Tate
Famous quotes containing the words felony, murder and/or controversy:
“Publishers are notoriously slothful about numbers, unless they’re attached to dollar signs—unlike journalists, quarterbacks, and felony criminal defendents who tend to be keenly aware of numbers at all times.”
—Hunter S. Thompson (b. 1939)
“One murder made a villain,
Millions a hero.”
—Beilby Porteus (1731–1808)
“And therefore, as when there is a controversy in an account, the parties must by their own accord, set up for right Reason, the Reason of some Arbitrator, or Judge, to whose sentence, they will both stand, or their controversy must either come to blows, or be undecided, for want of a right Reason constituted by Nature; so is it also in all debates of what kind soever.”
—Thomas Hobbes (1579–1688)