prohibition in the U.S. Constitution

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. Tate and 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 counseling.
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.After reviewing each case, write an essay discussing
all of 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.