Saturday, June 23, 2018
Editorials

Editorial: End confusion on juvenile sentencing

By reinstating the original sentence of life in prison without parole for Nicholas Lindsey on Friday, a Pinellas-Pasco Circuit Court judge entered muddy legal waters. Lindsey and other juveniles convicted of murder continue to be sentenced under a state statute that is now unconstitutional as applied to them. There is no clear road map for judges, because the Florida Legislature has failed to bring state law into conformance with a U.S. Supreme Court ruling. Lindsey's reconsidered sentence for shooting and killing a St. Petersburg police officer will likely be challenged, wasting resources and prolonging the pain for the victim's family. Had the Legislature acted responsibly, the courts would not be operating in the dark and creating law as they go.

State courts are puzzling through what to do with juveniles who were convicted of first-degree murder and sentenced under state law that provides for a death sentence or life in prison without the possibility of parole. Minors cannot be sentenced to death because of a 2005 U.S. Supreme Court ruling. Last year, the court ruled that a life sentence without parole cannot be mandatory for juvenile offenders — people who committed their crime before reaching 18 years old. The court said that in light of a young person's lack of maturity and capacity to change as he grows up, courts must be permitted to take these circumstances into account in sentencing. Florida law gives judges no discretion to impose a lesser sentence.

Lindsey received a life sentence without parole for killing St. Petersburg police Officer David Crawford in 2011 by shooting him five times after the officer stopped to question him about a burglary. At the time Lindsey was 16 years old. In imposing the same sentence again, Circuit Judge Thane B. Covert wrote that the "deliberate, senseless, and callous nature" of the murder outweighs any youthful considerations. It isn't clear whether this is enough to satisfy the Supreme Court's requirements.

Other circuit court judges have ruled inconsistently. A judge in Hillsborough County recently resentenced Amer Ejak, now 20 years old, to life without parole for clubbing and strangling a man in 2009 — the same sentence Ejak originally received. But compare that to a teen murderer in Pasco County who was sentenced last month to life in prison with the possibility of parole after 25 years, even though state law makes no provision for it.

An August ruling by the 5th District Court of Appeal in Daytona Beach said that the only legal sentence for juveniles guilty of capital murder is life with the possibility of parole after 25 years, but that decision is only controlling precedent for part of the state.

The Florida Legislature surely knew that by not rewriting state law to reflect the U.S. Supreme Court ruling and giving judges the opportunity to impose lesser sentences it would cause confusion and result in disparate treatment of juvenile offenders across the state. Lawmakers shifted their responsibility to the courts. The Florida Supreme Court will have to bring clarity to the law. In the meantime, trial courts faced with resentencing some of Florida's more than 200 inmates who were convicted and sentenced on murder charges should follow the U.S. Supreme Court's ruling as best they can.

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Editorial: Handing out gift cards like candy at CareerSource

Editorial: Handing out gift cards like candy at CareerSource

It’s hard to pick the biggest outrage in the financial and ethical swamp that has swallowed Tampa Bay’s two primary job placement agencies, CareerSource Pinellas and CareerSource Tampa Bay. Is it the boiler room atmosphere where CareerSource recruite...
Published: 06/21/18
Updated: 06/22/18

Family separation crisis is not over

The family-separation crisis that President Donald Trump created is not over. The executive order Trump signed Wednesday purporting to end the routine tearing of children from their undocumented parents stands on uncertain legal ground. U.S. border a...
Published: 06/21/18
Updated: 06/22/18
Editorial: State help needed to staff hotlines with veterans helping veterans

Editorial: State help needed to staff hotlines with veterans helping veterans

Veterans can help veterans deal with trauma resulting from military service in a way no one else can. That’s the theory behind a special hotline set up in the Tampa Bay area that proponents are hoping to take statewide.The expansion would cost some $...
Published: 06/21/18
Updated: 06/22/18
Editorial: With Supreme Court ruling, Florida should collect sales tax from online retailers

Editorial: With Supreme Court ruling, Florida should collect sales tax from online retailers

It turns out the U.S. Supreme Court has a better grasp of the economic realities of the 21st century than Congress or the Florida Legislature. The court ruled Thursday that states can require online retailers to collect sales taxes even if the retail...
Published: 06/21/18
Updated: 06/22/18
Editorial: Congress should ban splitting kids, parents

Editorial: Congress should ban splitting kids, parents

The shocking scenes of immigrant children crying after being taken from their parents at the border exposed a new level of cruelty by the Trump administration, and though the president reversed course Wednesday, Congress needs to end the shameful pra...
Published: 06/21/18
Sessions kickstarts action on marijuana

Sessions kickstarts action on marijuana

Good job, Jeff Sessions! It seems the attorney general’s misguided attempts to revive the unpopular and unjust federal war on marijuana may be having the exact opposite effect — prompting a new bipartisan effort in Congress to allow states to legaliz...
Published: 06/18/18
Updated: 06/21/18
Editorial: A court victory for protecting Florida’s environment

Editorial: A court victory for protecting Florida’s environment

A Tallahassee judge has affirmed the overwhelming intent of Florida voters by ruling that state lawmakers have failed to comply with a constitutional amendment that is supposed to provide a specific pot of money to buy and preserve endangered lands. ...
Published: 06/18/18
Updated: 06/20/18
Editorial: Trump should stop taking children away from parents at the border

Editorial: Trump should stop taking children away from parents at the border

Innocent children should not be used as political pawns. That is exactly what the Trump administration is doing by cruelly prying young children away from their parents as these desperate families cross the Mexican border in search of a safer, better...
Published: 06/17/18
Updated: 06/19/18

Editorial: ATF should get tougher on gun dealers who violate the law

Gun dealers who break the law by turning a blind eye to federal licensing rules are as dangerous to society as people who have no right to a possess a firearm in the first place. Yet a recent report shows that the federal agency responsible for polic...
Published: 06/17/18
Updated: 06/18/18
Editorial: Encouraging private citizens to step up on transit

Editorial: Encouraging private citizens to step up on transit

The new grass-roots effort to put a transportation package before Hillsborough County voters in November faces a tough slog. Voters rejected a similar effort in 2010, and another in 2016 by elected officials never made it from the gate. But the lates...
Published: 06/15/18